November 1601

On Monday the second day of November, Two
Bills had each of them one reading; of which
the second being the Bill to preserve the Breed
of Horses, and to avoid the common stealing of
them, was read the first time. After which divers Speeches were made, which are transcribed
out of the abovesaid private Journal.

Sir Edward Hobbie made a Speech for the abridging of Penal Laws, which he said were
like Thorns that did prick; but did yield no
Fruit; And that they being not looked unto, it
bred in us an alternation in manners: And therefore the Proverb must needs be fulfilled Morum
mutatio mutationem legum requirit. Times are
not as they have been, and therefore the necessity of time makes a necessity of alteration of
Laws, with many other circumstances touching
the shortness of Statutes, and commending the
proceeding of former ages, he concluded with a
desire of a Committee.

Which Speech was seconded by Mr Serjeant
Harris, who said that in the 27th year of the
Queen the like Motion had been made, and that
then by reason of the shortness of the time and
suddain ending of the Parliament, nothing was
done therein: Notwithstanding he said, that now
this motion being so happily made, and that
then by reason of the shortness of the time nothing was done, he thought it fit for a Committee.

He was seconded again by MrWiseman of Lincolns-Inn, who was of the same mind, and said,
That divers particular Laws of his knowledge
were now both needless to be performed, as also
dangerous to the Subject by reason of the Penalties. Whereupon the House agreed-that the said
Bill should be committed, and Committees were
nominated (which are inserted out of the Orinal Journal-Book it self) viz. All the Privy Council being Members of this House, Mr DrCæfar,
Master of Requests, Sir Edward Hobbie, MrWiseman, Mr DrCrompton, Mr DrPerkins, Mr
DrDunn, the Knights and Citizens for London,
the Knights and Citizens for Norwich, Sir Walter Raleigh, MrTanfield, MrFrancis Bacon, MrRobert Wingfield, Sir Robert Wroth, Sir George
Moore, Sir Moile Finch, Sir John Harrington, Sir
Thomas Leighton, MrSnigg, MrPhillipps., MrWinch, Mr. Tho. Culpepper, Mr. Hide, Mr. Oldsworth, Mr. Maynard, the Lord Howard, Sir Richard Knightley, Sir Robert Carey, the Lord Clinton, Mr. Dale, Mr. William Lane, Mr. Michael
Stanhop, Mr. Warcop, Sir Henry Nevil, Sir Arthur
George, Sir Edward Hungerford, Sir William Strowde,
Sir William Courtney, Mr. John Egerton, Mr. Dr.
James, Sir Crew Rawleigh, Mr. Boyse, Sir Henry
Brunker and Sir Thomas Gerrard, who were appointed to meet in the Exchequer Chamber upon Friday next in the Afternoon.

The Bill for the explanation of such Statutes
as touch Leafes to be made by Archbishops and
Bishops, was read the first time.

Monition was this day given by Mr. Speaker
unto the Members of this House, that they would
forbear from henceforth to come into this House
with their Spurs on, in regard it is very offensive
to many others of the residue of them. Thus
far out of the Original Book it self.

Others also (although nothing were done therein) moved to have Boots and Rapiers taken away, as is set down in the above mentioned private Journal.

On Tuesday the 3d day of November, Upon a
Motion made by Mr. Speaker on the behalf of
Mr. Fulk Onslow the Clerk of this House, for
that it hath pleased God to visit him with an
Ague, That it would please this House to vouchsafe their allowance unto Cadwallader Tydder his
Servant to execute the place in his absence as
Deputy unto the said Mr. Onslow, until it shall
please God to restore him to health. Which
was willingly assented unto by the whole House,
and by Order of the whole House the said Tydder took the Oath of Supremacy.

Nota, That there was a like precedent in the
second meeting of the Parliament (after an Adjournment thereof) in Anno 28 & 29. Regin.
Eliz. An. Dom. 1586. When upon the like Motion
of the Speaker on Wednesday the 15th day of February, William Onslow kinsman of the said Mr.
Fulk Onslow, being at that time a Member of the
House of Commons, was during his sickness allowed by the said House to exercise and supply
the place of Clerk thereof as at this present time
Cadwallader Tydder servant to the said Mr. Fulk
Onslow was licensed to supply the same.

Six Bills of no great moment had each of them
one reading; of which the last being the Bill for
the better preserving the breed of Horses, and
to avoid the common stealing of them, was upon the second reading committed unto Sir Edward
Hobbie, Sir Robert Wroth, Mr. Walter Cope, Mr. Fulk
Grevil, Mr. Hide and others, who were appointed
to meet on Monday next in the Exchequer Chamber at two of the Clock in the Afternoon; And
the Bill and Committees names were delivered to
Sir Robert Wroth.

The Bill to reform the Abuses in Inns, Victualling-Houses, &c. was read the second time, and
being put to the question for committing, was
upon the question refused to be committed.

Upon a Motion made by Mr. Leife, that whereas many Members of this House, which could not
come to the Upper House upon the first day of
this Parliament (the Door being kept shut) to
hear her Majesties pleasure signified by the Mouth
of the Lord Keeper, of the Causes of her Majesties calling of this Parliament, they might in
some sort be satisfied of the same, He putteth Mr.
Comptroller in mind of his Honours promise to
relate the same unto them. Who thereupon desired Mr. Secretary Cecil (because he the said Mr.
Comptroller was not there himself) to make the
same relation; which the said Mr. Secretary doing at large, The chief intent and scope thereof
appeared to aim at the setting forth of two things
especially, the First the Danger the Kingdom
stood in, in respect of the power and malice of
the Spaniard: the Second that timely provision
of Treasure might be made for the prevention.
Thus far out of the Original Journal-Book it
self. Mr Secretary Cecil's Speech, which followeth, being spoken after that he had repeated the
Lord Keepers Speech, is inserted out of the beforecited private Journal of the House, in manner
and form following.

For my own advice touching the particular
Counsels of this House, I wish that we would
not trouble our selves with any fantastick speeches
or idle Bills, but rather such as be for the general
good, both light in conception, and facile in execution. Now seeing it hath pleased you all hitherto with patience to hear me, if with your
favour I may particularize and show the grounds
of the former delivered Speech touching the
State of Ireland, I shall be very glad both for my
own discharge and for your satisfaction. The
King of Spain having quit himself of France
by a base and servile Peace, forgetteth not to follow the Objects of his Fathers Ambition, England and the Low-Countries. He hath made Overtures of Peace, which if they might both be
honourable and for the publick good, I hold
him neither a wise nor an honest man would
impugn them. He hath put an Army into Ireland, the number Four thousand Souldiers,
under the conduct of a valiant, expert and hardy
Captain; who chooseth rather than return into
his own Country without any famous enterprize,
to live and dy in this service. These Four thousand are three parts Natural Spaniards, and of his
best expert Souldiers, except them of the LowCountries: Those he could not spare, because of
his enterprize of Oftend. And how dangerous
the loss of that Town would be to this Land, I
think there is no man of experience but can witness with me; For he would easily be Master of
all that Coast, so that the Trade betwen England
and the Low-Countries would be quite dissolved;
Yea he would be so dangerous a Neighbour to
us, that we which are now Tenants by discretion
are likely shortly to be Tenants by the Courtesy.
When he is our Neighbour of the Low-Countries, what Neighbour hath Spain to whom he
shall not be troublesome.

I will shew you further what besides this he
hath done, and how Eagle-eyed he is continually
over us; To resist the Turks attempts, he hath
sent Ten thousand Men; To the Low-Countries
nine thousand; In an Enterprize of his own
against the Turk he hath sent ........ which
being dispatched, those Souldiers shall return a
gainst the next Spring and second these four thousand men. Now in the Enterprize for Ireland, to
resist those attempts in being, and the ensuing
Provisions against us, let us consider the certainty of our Estate in Ireland; We have there
an Army, and nothing but an Army, fed even
out of England, with what charge it brings to
the Queen, what trouble to the Subject, what
danger it is to them there left if the provision
should fail, what hurt to the Common-Wealth
by making things at a higher rate than otherwise
they would be, I refer it to your Wisdoms to
imagine. Over this, I assure you, it is beyond
all Precedent and conjecture, his presence and
cause of War there, is to defend the Catholick
Cause, I mean, to tear her Majesties Subjects
from her; for I may say she hath no Catholick
obedient Subject there, because she standeth Excommunicate at this present by force of two Bulls
of this Popes, by which the Subjects are absolved
of their obedience. That you do only remember you do it pro aris & focis; Yea we do it for
a Prince that desireth not to draw any thing extraordinary out of the Coffers of her Subjects.
She selleth her Land to defend us, she supporteth
all the Neighbouring Princes to gain their amities and establish our long Peace; Not these five,
or seven, or ten years, but forty three Years for
all our Prosperities. I hope I shall not see her
Funeral upon which may be written, Hîc solùm
restat victrix Orientis. And I pray God I may
not. What we freely give unto her, she living
bestows it to our Good, and dying doubtless will
leave it for our profit. Thus have I out of mine
own genius for mine own part delivered unto
you what I know. And touching that I have
spoken in performing your Commandment, I
will take no thanks from you for my pains, for
no man cares with less affection to speak in this
Assembly, or desireth to gratifie any particular
Member of this House more than my self.

Mr. George Moore moved, that whereas the
Lord Keepers Oration was, that the greatest matters should be handled in the beginning of the
Parliament, a Committee might be chosen to
certifie the House what those matters were, that
Order might be taken accordingly.

Thus far out of the aforesaid private Journal
of the House of Commons. The Committees
names who were appointed upon the aforesaid
Motion of Mr. George Moore to consider what
those weighty matters were, which had likewise
in part been touched in Mr. Secretary Cecills
Speech immediately foregoing, do now also follow out of the Original Book it self, which were
these, All the Privy-Council being Members of
this House, the Knights of the Shires, the Barons
of the Cinque Ports, the Knights and Citizens
for London and York, Sir Thomas Egerton, Mr.
Sollicitor, Sir Edward Stanhop, Mr. Serjeant
Heile, Mr. Serjeant Harris, Mr. Henry Brunker,
Mr. Glastock, Mr. Leonard, Sir William Harvy,
Mr. Henry Hubberd, Sir William Strowde, the
Burgesses of Totnesse, Mr. Hide, Mr. Winch, Sir
Richard Knightly, Sir Richard Hampden, My
Lord Howard of Effingham, Sir Francis Darcy,
Sir Robert Crosse, Mr. Tyne, The Citizens for
Norwich, Mr. Francis Bacon, Sir Edward Hobbie,
Mr. Doctor Cæsar, Mr. Newdigate, Mr. Philipps,
Mr. Robert Wingfield, Mr. Maynard, The Citizens for Bristoll, Sir Matthew Brown, Mr. Jones
for Hereford, Mr. Francis Moore, Mr. Mountague,
Sir Moile Finch, Mr. Edward Barker, Sir John
Egerton, Mr. Boice, Mr. Lake, Mr. Cope and Mr.
Richard Warberton, who were appointed to
meet in this House upon Saturday next at two of
the Clock in the Afternoon. Vide December 5.
Saturday postea.

On Wednesday the 4th day of November, the
Bill for the better keeping of the Sabbath day,
was upon the second reading committed unto
Sir George Moore, Sir William Wray and divers
others, who were appointed to meet this Afternoon in the Middle-Temple Hall at two of the
Clock.

Thus far out of the Original Journal-Book of
the House of Commons, the rest that follows
touching the Election of Sir Andrew Nowell to
be one of the Knights for Rutlandshire, being at
the same time Sheriff of the said County, being
but briefly and imperfectly set down, is therefore
supplied out of the said private Journal of the
House of Commons.

Mr. Serjeant Harris moved the House, that in
respect great danger and inconvenience might
grow by the want of any one particular Member of this House, Therefore he thought good
to certifie the want of a Knight for Rutlandshire;
For he said, that Sir Andrew Nowell being Sheriff of the County had returned himself jointly
with Sir John Harrington to be Knight, which
he took in Law to be a void Return, because it
is against the express words of the Writ, which
are, Ita quod neq; tu neq; aliquis alius Vicecomes
alterius Comitatus eligatur, &c. which he thought
good to move the House in referring it to their
considerations; And prayeth that the Record
may be sent for from the Clerk of the Crown;
for faith he, we know in Law, that a man cannot
make an Indenture to himself and the County,
for there are required two persons.

To which Sir Edward Hobbie replied, that
notwithstanding this, the House might well receive him. And he vouched a Precedent in the
31th of this Queen, when a Writ was directed
to the Bayliffs of Southwark to return Burgesses,
and they returned themselves and were received.
But if we do not receive him, another question
will grow, Whether a new Warrant must go
from the Speaker to Elect a new Knight, or from
the Clerk of the Crown. To which it was agreed
per omnes, that from the Speaker.

Then Mr. Wiseman of Lincolns-Inn stood up
and shewed the necessity of having all our Members, because otherwise the Body is but maimed;
as also how dangerous a Precedent this would
be if it might pass with the Applause of this
House; And lastly, the reason of putting in the
aforesaid special words in the Writ, because it
must be necessarily intended, that they being so
great Officers, having so great a charge, and their
presence in their Countries so requisite, should
not be returned. Besides, for that time they be
the chief men of the Shire, Freeholders peradventure for favour sake would rather chuse him
than men far more sufficient for that place.

Mr. Carey moved, whether is it were with his
will, he should be punished by Fine or otherwise.

Sir John Harrington said, of his own knowledge he knew him to be very unwilling: But
the Freeholders made Answer they would have
none other.

Mr. Speaker said, it could not be intended
against his will, for his hand is to the Indenture;
but he moved whether it should be intended
that this Sir Anthony Nowell were una & eadem
persona, or no; And though it were, yet whether they could take notice thereof, not being
certified out of the Chancery. To which all the
House said, there was no other of the name.

Then Mr. Comptroller stood up and moved,
that in respect the Return was joint, and that
they did disallow Sir Anthony Nowell, he desired
to be resolved of the Learned Masters of the
Law in this House, whether all the Return were
insufficient, and so Sir John Harrington to be excluded. To which all the whole House said No.

Mr. Serjeant Harris said No, because the said
Warrant is affirmative to chuse any but the Sheriff, who is excepted by special words; so that
the Return of the other is warranted, but that of
himself is void.

Sir Edward Hobbie Answered and said, nay
then Mr. Serjeant, if you stand on that, I think
there are few Knights in this House lawfully chosen, for the words of the Writ and Statute are,
that he must be Commorant within the County,
which but few are. To which not one word was
Answered. And that Clause was hushed up.

Mr. Speaker said, Well, I will put it to the
question, which shall be twofold, one whether
the Return be void, the other whether a new
Warrant shall be sent forth. To which being
twice moved, all cryed I, I, I; not one man
said No.

Sir Edward Hobbie said, Mr. Speaker the Warrant must go from your self, for in the twenty
seventh Year of this Queen, when Parrie was
Burgess for Queenborough a new Election was
made, and the Warrant was sent from the
Speaker.

Nota, That this resolution of the House is directly contrary to a former Precedent agreed on
in the House of Commons upon Friday the 21th
day of February in the Parliament de An. xxxi°
Regin, Eliz. Anno Dom. 1588, 1589. where Mr.
St Poole being both Knight for the County of
Lincoln and Sheriff of the same also, was notwithstanding allowed to retain his place in the
said House as a Member thereof, and had only
Licence given unto him to depart into the said
County about the business of his said Sheriffwick,
in no other form or manner than is vouchsafed
of course to the Members of the said House upon any urgent occasions by them alledged, requiring their absence for some time, be it longer
or shorter. Where other Precedents also to this
purpose are vouched, and yet perhaps both the
said Precedents may stand good and be reconciled, with this difference, that where any man
is first Sheriff of some County and then Elected
a Knight of the same, or a Citizen, Burgess or
Baron of any City, Borough or Cinque-Port of
the same, that in this Case his Election is void,
because it must of necessity follow, as in this
Case of Sir Andrew Nowell it did, that he must
return himself, which cannot be good in Law.
But where a man is first Elected a Member of
the House of Commons, be it Knight, Citizen,
Burgess or Baron, and is afterwards made Sheriff
of some County, here his first Election standeth
good, as it should seem also it doth, although
he may be first made a Sheriff of some County,
and be afterwards Elected a Knight, Citizen, Burgess or Baron of and in some other Shire or
County. And the reason of all is plain, in respect, that in all these latter Cases his Return cannot be made by himself, but by the Sheriff of
the County where he is Chosen. This only holds
good in the Case of Knight of the Shire.

The Bill for Explanation of such Statutes as
touch Leases to be made by Archbishops and
Bishops, was read the second time and rejected,
after Mr. Boise had spoken to it as followeth.

To which only Mr. Boise stood up and said,
that this Act would be prejudicial to the Bishop
present and the Successor, to their Servants and
to the Bishops own Farmers and Tenants; To
the Bishop present, in the maintenance of his
Estate which cometh only by continual Fines,
which if they be taken away, then are they not
able to maintain that Hospitality, and keep
that retinue either belonging to their place or
answerable to their living. For consider the Revenue of the greatest Bishoprick in England, it
is but two thousand two hundred pounds, whereof he payeth for Annual Subsidies to the Queen
five hundred pounds. And what damage we
shall do both to him and his Successor herein, his
Revenue being so beneficial to her Majesty, I
refer to all your Judgements.

To the Successor it must needs be more hurtful; For when he first cometh in, he payeth
First-Fruits, and yet is not allowed to make his
benefit by Fines, which all Bishops Farmers are
content to do, so that he is cast one whole Annual value behind hand, and perhaps hath no
power neither to make Leases in twelve or sixteen Years. This, Mr. Speaker, will induce the
Ministers of the Word not to seek Bishopricks,
whereby we may bring the Clergy both to Poverty and Contempt, from which they have
ever been carefully defended and provided for
even by the most antient Statutes and Laws of
this Land now extant.

Hurtful it is to their Servants (for this may
be every Mans Case) We know very many good
Gentlemens Sons serve Bishops, and how can
they reward their long and faithful Services, but
only by means of granting over of these Fines or
some other means out of their Spiritual Function? But this Act is good for the Courtier; but
I may speak no more of that point.

Lastly, Mr. Speaker, my self am Farmer to a
Bishop, and I speak this as in my own Case (on
my knowledge) to the House, that it is ordinary
upon every Grant after four or five years, ever
to fine and take a new Lease, but I refer it to
the consideration of the House to do their Pleasures therein: Only this I can certifie, That I
have the Copy of the Bill the last Parliament exhibited to this purpose, which I having confer'd
together with the present Bill, do find them to
be word for word all one. And the last was rejected. Whereupon this was also (as is beforementioned) rejected.

Thus far out of the afore-mentioned private
Journal, the residue of this days Passages that
follows are transcribed out of the Original Journal-Book of the House of Commons it self.

The Bill that Plaintiffs in Writs of Error shall
give good Bayl, was read the second time, and
committed unto Mr.Carie, Mr. Tanfield and others, who were appointed to meet upon Monday next in the Middle-Temple Hall at two of
the Clock in the Afternoon.

The Bill against fraudulent Administration of
Intestates Goods was upon the second reading
committed unto the last former Committees in
the Bill for Writs of Error, to meet at the same
time and place.

The Bill against excessive and common Drunkenness was also read the second time and committed to the former Committees in the Bill for
the Sabbath day, and to meet in the Temple-Hall
this Afternoon.

The Bill touching the sowing of Hemp was
read the second time, and upon the question for
committing was upon the division of the House,
with the advantage of fifty Voices Ordered to
be committed, viz. with the Yea a hundred and
three, and with the No a hundred forty two.
And upon the question for the ingrossing, was
Ordered not to be ingrossed.

The Committees names for the Bill of Subsidy,
(whose names see on Monday the second day of
this instant November foregoing) as also the
Committees names for penal Laws, (who were
appointed on Tuesday the third day of this same
Month foregoing) were this day delivered to
Mr Comptroller.

The Bill touching the Sabbath, and the Bill
against Drunkenness, were delivered to MrEdward Mountague one of the Committees.

On Thursday the 5th day of November, Two
Bills of no great moment had each of them one
reading, of which the first concerning matters of
Assurances used amongst Merchants was read the
first time.

Sir Francis Hastings, one of the Committees
in the Bill for the better keeping of the Sabbath
day (whose names see on Yesterday immediately
foregoing) shewed the travel of the Committees, and brought in the Bill with some Amendments and a Proviso, and prayed the reading
thereof, the Bill standing upon two parts, the
latter part thereof not having been dealt in at
all by the Committees.

The Amendments and Proviso in the Bill for
the better keeping of the Sabbath day were
twice read. And the Bill it self being read for
the second reading was Ordered to be ingrossed.

Two Bills also had each of them one reading;
of which the second being the Bill for the suppressing of deceits in Weights and Measures was
read the first time.

Upon a Motion made this day a Committee
was appointed to consider of the Statute for relief of the Poor, and for continuance and Explanation of Statutes, &c. viz. Sir Robert Wroth,
MrPhilipps, Sir Edward Hobbie, Sir Francis Hastings, Sir George Moore and others, who were
appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the
Afternoon.

The Bill for Reformation of Abuses in Alehouses and Tipling Houses was read the second
time, and committed unto Sir Edward Stanhop,
MrWiseman, MrJohnson, Sir Robert Wroth, Sir
Francis Darcy, MrPeake, MrEdward Philipps,
the Burgesses of Newcastle and others; and the
Bill was delivered to Sir Robert Wroth, who with
the rest was appointed to meet upon Wednesday
next in the Exchequer Chamber at two of the
Clock in the Afternoon.

Two Bills had each of them one reading; of
which the second being the Bill against Blasphemous Swearing was read the first time.

Thus far out of the Original Journal-Book of
the House of Commons it self; the residue of this
days passages is transcribed out of the often above mentioned private Journal.

MrBacon stood up to prefer a new Bill and
said, Mr Speaker, I am not of their mind that
bring their Bills into this House obscurely, by delivery only to your self or to the Clerk, delighting to have the Bill to be incerto authore, as
though they were either ashamed of their own
work or afraid to father their own Children; But
I, Mr Speaker, have a Bill here, which I know
I shall no sooner be ready to offer, but you will
be ready to receive and approve. I liken this
Bill to that sentence of the Poet who set this as
a Paradox in the fore-front of his Book, first
Water, then Gold, preferring necessity before
pleasure. And I am of the same opinion, that
things necessary in use are better than those
things which are glorious in estimation. This,
Mr Speaker, is no Bill of State nor of Novelty,
like a stately Gallery for pleasure, but neither to
dine in nor sleep in; But this Bill is a Bill of
repose, of quiet, of profit, of true and just
dealings; The Title whereof is, An Act for the
better suppressing of abuses in Weights and Measures.

We have turned out divers Bills without disputation: And for a House of wisdom and gravity as this is, to bandy Bills like Balls, and to be
silent as if no body were of Councel with the
Common-wealth, is unfitting in my understanding for the State thereof. I'le tell you Mr Speaker,
out of mine own Experience, that I have learned and observed, having had Causes of this nature referred to my Report; That this fault of
using false Weights and Measures is grown so intolerable and common, that if you would build
Churches, you shall not need for Battlements and
Bells, other than false Weights of Lead and Brass.
And because I would observe the advice given
in the beginning of this Parliament that we should
make no new Laws; I have only made this Bill
a confirmation of the Statute of the 11th of
Hen. the 7th with a few additions, to which I will
speak at the passing of the Bill, and shew the
reasons of every particular Clause, the whole
being a Revival of a former Statute: for I take
it far better to scowre a Stream, than to turn a
Stream. And the first Clause is, that it is to extend to the principality of Wales, to constrain
them to have the like Measures and Weights to
us in England.

Sir Robert Cecill moved the House to have
their opinions, in that there wanted a chief
Member, viz. a Knight of Denbigh Shire. And
he said, I am to certify the House thus much, in
respect of some disorder committed there touching
the Election by Sir Richard Trevor and Sir John
Fludd, to which Sir John Salisbury is a party, the
Sheriff could not proceed in Election. For mine
own part I think it fit that Mr Speaker should attend my Lord Keeper therein (quod nota, attend) if it please you, You shall hear the Letter which was read, and the Contents thereof
was, That on the one and twentieth day of October at he hept the County day, and
there being quietly chusing the Knights for
the Shire, a Cry came suddainly that Sir Richard
Trevor and Sir John Fludd on the one part, and
Sir John Salisbury on the other, were a fighting,
and all their Companies were ready to do the
like. Whereupon presently I went to the ChurchYard where they were, and there I found both
parties with their Swords drawn ready, but with
much a do pacified them both; and fearing lest
by drawing such a Multitude together, there
might great danger and blood-shed happen, I
made Proclamation that every man should depart. By means whereof I did not execute her
Majesties Writ as I thought to have done, rather
chusing to adventure your Honours censures herein, than to hazard so great a blood-shed. Subscribed,

Your Honours most

humbly at Commandment,

Owen Vaughan.

Also Mr. Secretary said there was a Schedule
annext to the Letter which had some matters of
importance not fit to be read; Yet if it please
the House to command it, they should. Whereupon all cried No No.

Sir Edward Hobbie answered, Methinks under favour, the motion Mr. Secretary made is
good, but the form therein (I speak with all reverence) not fitting the State of this House. For
he said, Mr Speaker shall attend my Lord Keeper.
Attend? It is well known that the Speaker of
the House is the Mouth of the whole Realm;
And that the whole State of the Commonalty
of a Kingdom should attend one Person; I see
no reason. I refer it to the consideration of the
House: Only this proposition I hold, That our
Speaker is to be commanded by none, neither
to attend any, but the Queen only.

MrJohnson said, The Speaker might ex Officio
send a Warrant to the Clerk of the Crown who
is to certify the Lord Keeper, and so to make a
new Warrant.

Sir Edward Hobbie said, That for Election of
Burgesses he had seen half a score yesterday with
Sir John Puckerings hand, when he was Speaker.

Mr Speaker said, I may inform you of the
Order of the House, that a Warrant must go
from the Speaker to the Clerk of the Crown,
who is to inform the Lord Keeper, and then to
make a new Writ.

Mr Secretary Cecill said, I should be very sorry to detract from any particular Member of this
House, much more from the general State; my
meaning was mistaken and my words misconstrued, yet both in substance agreeing with Mr
Speaker.

Post Meridiem.

At the Committee held this Afternoon touching Returns and matters of priviledge (who had
been appointed on Saturday the 31. day of October foregoing) there were shewed divers Precedents to prove that the Warrant to be directed
to the Clerk of the Crown for a Writ to be sent
out for a new Election of any Member of the
House, ought to be directed from the Speaker,
which said Precedents were as followeth,
viz.

In Anno 27. Reginæ Eliz. Anno Domini 1584.
4thDecembris, Valentine Dale Master of the Requests was returned Burgess for Chichester and also for Hindon, but he chose Chichester; And
John Puckering Speaker directed his Warrant to
the Clerk of the Crown to send a Writ to make
a new Election in Hindon, which bare date the
10th of December, six days after 27 Eliz.

Secondly, In Anno 27° Regin. Eliz. Anno Domini 1584. 21° December. the Writ bearing Teste
19 February for the same matter, In which the
stile of the House is, Knights, Citizens, Burgesses
and Barons, quod nota.

Thirdly, Anno prædicto Regin. ejusdem Anno
Domini 1584. 19 Febr. when Parry being Burgess of Queenborough in Kent was Attainted of
Treason, A Warrant was directed to the Clerk
of the Crown to make a new Writ dated the
19th day of February aforesaid, in which Warrant under the Speakers own hand was inserted
a reason to this effect, viz. because the said Parry
is disabled by reason of his Attainder.

Fourthly, In An° xxvii° prædict. Regin. Eliz.
Anno Dom. 1584. 30 November. Thomas Bodley was
Elected Burgess of Portsmouth and also Baron
for one of the Cinque-Ports, viz. Hieth, but he
took Portsmouth and refused the other; whereupon a Warrant was directed as abovesaid, but
no Teste of the Writ was there.

Sixthly, 3° December. Anno Domini 1584. John
Puckering being Speaker was chosen for Bedford
and Caermarthen, and chose Bedford, whereupon a Warrant was made to the Clerk of the
Crown for a new Writ, which bare date the 4th
day of December Anno xxvii° Regin. Eliz. All
which Warrants were signed by the Speaker John
Puckering.

For the matter between Doctor Awbrey Doctor of the Civil Law, and Mr. William Delabarr Barrester of the Common Law of Lincolns
Inn touching the Burgessship of Cardigan in Wales,
the Cause stood thus.

Cardigan hath been by antient Precedents ever
since the first Year of Queen Elizabeth a Burgess
Town, and ever the Return of the Indenture
hath been for Cardigan only. Now this Parliament, the Sheriff of the Shire favouring a Town
called Aberystwith, after he received the Parliament Writ, sent his Warrants to the Bayliffs of
Aberystwith to chuse a Burgess, &c. who chose a
Burgess, viz. Doctor Awbrey, and return'd him
Burgess for Cardigan and Aberystwith, and shewed
in the Indenture the Election to be made by both
Towns; And the Indenture was signed with the
Sheriffs hand. On the other side the Bayliffs of
Cardigan understanding the Writ to be come to
the Sheriff, took notice thereof, and without
Warrant from the Sheriff made and Indenture and
Election of William Delabarr, and sent the same in
a Letter to him. MrDelabarr sought the Sheriff
or his Deputy in London to deliver the Indenture of Cardigan, but not finding him, delivered
the same to the Clerk of the Crown, paid his
Fees, was sworn and admitted into the House
till this present day. Now at this Committee for
Priviledges Dr. Awbrey came to complain; the
Committees found upon Examination of the matter, that the County Court was as well kept at
Aberystwith as at Cardigan, alternis vicibus, and
that the County Court was to be kept this time
at Aberystwith. So when they went to the Conference both Awbrey and Delabarr were desired
to depart forth. And upon Consultation these
Questions arose; First, Whether the House have
Power to Fine the Sheriff, because according to
the Statute, he sent not his Warrant to Cardigan;
Next, If he be punishable by the Penalty of the
Statute; Also if he have pursued his Authority
in making his Election in Aberystwith. Which are
left with divers other doubts to the discussing of
the House the next day, and to the Report of
Sir Edward Hobbie or Mr. Sollicitor.

Also in the twenty third of Elizabeth a Warrant to the Town of Hull from the Speaker Popham (now Lord Chief Justice, being then
Speaker.)

Sir Edward Hobbie at this Committee said, Awbrey and Delabarr, the one a Civil, the other a
Common Lawyer; That he might say to them
as the Duke of Millain said of the Thief, It is
no matter, whether goes first, the Hangman or
the Thief.

The Town of Harwich in Essex and Newtown
in the County of Southampton have returned Burgesses this Parliament, which they never did
before.

Thus far out of the aforesaid private Journal.
The ensuing days Passages do follow out of the
Original Book it self.

On Friday the 6th day of November, Three
Bills of no great moment had each of them one
reading; of which the last being the Bill to avoid divers misdemanors in base and idle Persons, was read the first time.

Mr. Dr. James being a Committee in the Bill
against Drunkenness, which was committed on
Wednesday the 4th day of this instant November
foregoing, declared the meeting and travel of
the Committees and their framing of a new Bill
to that purpose, and so delivered in both the old
and the new Bill.

Three Bills also had each of them one reading;
of which the last being the Bill for the better
keeping of the Sabbath day was read the third
time and Ordered to be referr'd to the former
Committees (whose names see on Wednesday the
4th day of this instant November foregoing) for
the framing of a new Bill; And Sir Robert Wroth,
Mr. Sollicitor, Mr. Wingfield, Mr. Glascock, Mr.
Henshaw, Mr. Johnson and Sir William Wray were
added to the said former Committees, to meet
this day in the Afternoon at two of the Clock
in the Exchequer Chamber.

Two Bills lastly of no great moment had each
of them one reading; of which the first being
the Bill against false Returns, and not returning
Writs by Warrant by Sheriffs and Bayliffs, was
read the third time and dashed upon the question.

On Saturday the 7th day of November, the Bill
that the Lord Marquess of Winchester may dispose
of his Lands whereof he is Tenant in Tail as
other Tenants in Tail by the Laws and Statutes
of the Realm may do, a private Statute made
27 Henr. 8. to the contrary not withstanding, and
for Confirmation of a Partition heretofore had
before the late Lord Marquess of Winchester Deceased; and the now Lord Mountjoy, by Vertue
of a Statute made in the last Parliament, was read
the first time.

The Bill for the better setting of Watches was
read the second time and committed unto Sir
George Moore, Sir Robert Wroth, the Knights and
Citizens for London and Westminster, MrWiseman and others, who were appointed to meet
upon Thursday next at two of the Clock in the
Afternoon in the Middle-Temple Hall.

The Committees for Returns and Priviledges
(whose names see on Saturday the 31th of October foregoing) were appointed to meet upon
Wednesday next.

The Bill to avoid divers misdemeanors in base
and idle persons was upon the second reading
committed unto the last former Committee in
the Bill for setting of Watches, and MrJohnson
was added unto them; And the Bill was delivered unto Sir Robert Wroth one of the same
Committee, and Mr Serjeant Harris to be exempted out of the Committee, because he spake
against the body of the Bill, according to the
antient Order in Parliament.

The Bill against Drunkards and Common
Haunters of Alehouses and Taverns was read the
second time and committed to the former Committees for the Sabbath (whose names see before
on Wednesday the 4th day of this instant November foregoing) and to the Committees for Drunkenness (who were appointed on the said 4th day
of November) And there were added unto them
MrFrancis Darcy and MrFrancis Moore, who
were appointed to meet upon Friday next at two
of the Clock in the Afternoon at the MiddleTemple Hall.

The Bill for suppressing of deceits used in
Weights and Measures was read the second time,
and upon the question for ingrossing, dashed.

Upon a Motion made by Sir Edward Hobbie a
Member of this House, that where one . . . . . . .
Woodall, Servant and Attendant upon William
Coke Esq; return'd into this present Parliament
one of the Burgesses for Westminster, was Yesterday Arrested at the Suit of one Robinson Citizen
of London, upon a Bill of Middlesex, and committed into Newgate, London, to the great indignity and contempt of the Priviledges and Liberties of this House, That the Serjeant of this
House should be presently sent into Newgate to
bring the said Woodall now Prisoner there unto
this House this present Forenoon, sitting the
Court. And after some short space of time he
was accordingly brought into this House from
Newgate; and being at the Bar with his Keeper
attending upon him, he was by Order of this
House discharged from his said Keeper and from
his said Imprisonment, and delivered unto his
said Master, to bring him again upon Monday
next unto this House; with further Order unto
the Serjeant, to bring or cause the said Robinson
to come into this House upon Monday next to
Answer the said contempt, and to abide the further Order and resolution of this House therein
accordingly.

Upon a Motion made by Sir Francis Hastings
a Member of this House, complaining of some
abuse offered unto him and sundry other the
Members of this House Yesterday, by the lewd
misdemeanors of Pages and other unruly persons
upon the outer stairs in the passage into this
House, shewed, that he then seeing the said disorders, thought it fit to lay hold of one of that
disordered Company, such a one as he could, and
so apprehended one Rowland Kendall as an Agent
in these misdemeanors, who being brought unto
Mr Speaker, was committed Prisoner to the Serjeant of this House: And in the end moved, that
he may be remitted upon his humble Submission
unto this House, and with that punishment which
he hath already sustained since Yesterday by Imprisonment (if this House shall so think meet)
the rather because he cannot directly charge him
in the particular, but that he was amongst the
said disordered Company. Whereupon the said
Kendall was brought to the Bar by the Serjeant;
and was after his humble Submission, requestred
until the House should further resolve therein.
And then afterwards being brought again to the
Bar, upon his humble Submission as aforesaid, was
discharged, after Admonition given unto him
(for his behaviour hereafter) by Mr Speaker at
large.

Thus far out of the Original Journal-Book of
the House of Commons touching this Forenoons
Passages; Those of the Afternoon are transcribed
out of the often mentioned private Journal.

Post Meridiem.

In the Afternoon the same day at the Committee in the House touching the Subsidy,

Sir Walter Raleigh moved the House to consider to what intent they came together, and now
in their coming what was to be considered. For
the Subsidy and the manner and quality thereof
I will now only intimate thus much unto you,
That the last Parliament, only three Subsidies
were granted, upon fear that the Spaniards were
coming; but we see now they are come, and have
set foot even in the Queens Territories already,
and therefore are the more of us to be respected
and regarded. And seeing the sale of her Highness's own Jewels, the great Loans the Subjects
have lent her, yet unpaid, the continual selling
of her Lands and decaying of her Revenues,
the sparing ever out of her own purse and apparel for our sakes will not serve, but yet she
must be fain to call her Court of Parliament for
our advice and aid in this Case, I wish for my own
part (as a particular Member of this CommonWealth) that we may not do less than we did
before; And that we also would bountifully
according to our Estates, contribute to the necessity of her Majesty, as now it standeth.

MrWiseman after a discreet and judicious
Speech made touching Gods protecting us for
Religion sake or peace and quietness, the safety
of her Majesties person, the great victories we
have had, the greatness of Neighbouring Princes
raised only by her Majesty, so that she hath spent,
as it was said by Sir Walter Raleigh, so much,
that now she is fain to desire the help of her
subjects; Let us therefore draw to some head
and leave our Orations and Speeches fitter for
a Parliament than for a Committee. We are to
consider only what is fit to be given; And as
for my part as a poor Member and one of the
meanest in this House, I will be bold to deliver
mine opinion first, because some must break the
Ice. Three pound Land and under to pay
two shillings eight pence in the pound, and
five pound goods and under to pay one shilling eight pence in the pound, and double
Tenths and Fifteenths assoon as may be. Although I may seem over bold, being but a Rural
and Countryman, to speak even out of my Element in this Case; Yet I do heartily crave pardon of all, beseeching that neither my unaptness or disorder of Speech, nor the unworthyness of my Person may prejudice the Cause.

Sir Robert Wroth, that four pound Land full
Subsidy, and six pound goods full Subsidy might
be paid to her Majesty.

Sir Francis Hastings moved, that three pound
men might be exempted, and all others above
that rate to pay according to the rate to make
up a full Subsidy.

MrPhilipps moved, that the four pound men
might be exempted, and four Subsidies received
from the Rich, which should be termed a Contribution, because it might make no innovation.

Sir Walter Raleigh said, If all pay alike, none
will be agreived; if any be exempted, doubtless it will breed much grief, and the feeling will
be great to those three pound men that will
feel any thing, but it will be nothing to them
that know any thing.

Sir Edward Hobbie said, We cannot hear you
speak out, you should speak standing that so the
House might the better hear you. So Sir Walter
Raleigh said that being a Committee, he might
speak either sitting or standing, and so repeated over again the former Speech.

Mr Secretary Cecill said, Because it is an Argument of more Reverence, I chose to speak standing.
As long as the Queen by the advice of her
Council did find means to spare you, so long she
ever desired that her Subjects might not be
charged: But if her Majesty assoon as the last
Subsidy had been spent, should have again resorted unto you, I do assure you this Parliament
had been called in October last. Now if upon
providence and foresight, you did contribute
unto her Majesty; much more should we now
do the same, seeing a resolute Company of
Souldiers have intrenched themselves in her Majesties Kingdom of Ireland, and more Supplies
thither are daily expected. It is time to open
our Coffers, that we may obviate in the beginning these few Forces of the Spaniards, left
growing to greater Forces we cannot expel them
with less than five hundred thousand pound, which
we may now do with one hundred thousand in
present. If there be any that sits next the Door
that desires to sit next the Chair to give his opinion, I will not only give him my place, but thank
him to take my charge.

This was conceived to be Sir Edward Hobbie,
who coming to sit near the Chair and not giving
him place, sate next the Door.

We that sit here, for my part, take your favours out of courtesy, not out of duty; but to
the purpose. The Queen hath occasion to use,
as divers in this House do know, three hundred
thousand pound before Easter, how this shall be
raised and gathered, that's the question; for
without this proportion of charge, neither the
Spaniards in Ireland can be repell'd, and the
Wars there maintained, neither her Majesties
other affairs be set on foot, neither provision
sufficient can be set on foot or made from defence
of Foreign Invasions. Admit with a less charge we
should now expel him, will any man be so simple
to think he will give over the enterprise being of
so great consequence, and grow desperate? I
should think him but a man of shallow understanding and less policy. Surely if we had been
of that mind when he had that great overthrow
of his invincible Navy in eighty eight, we had
been destinated to perdition. For how many
changeable enterprises of puissant and great
consequence hath he since made? The like, if
his Forces in Ireland should now fail, would he
do again. And therefore that provision we now
make, if he should be expell'd with a less matter,
would serve to make defence against his next
Invasion of that Kingdom, as also enrich her
Majesty to be ready to furnish her Navy and
Forces the speedier for her safety. Besides,
if he bestow such Masses of Treasure for the
gaining of one poor Town, Ostend, what will
he do to gain so strong and famous a Kingdom as
Ireland? I will by the leave of a worthy person
who sits by me, and knows these things better
than I do, yield a particular account unto you
of the state it self. First, the last whole Subsidy after the rate of four pound Lands and eight
groats Goods, came not to above fourscore thousand pounds; the Subsidy of the Clergy twenty
thousand pound, the double Fifteenths threescore
thousand pounds; All which is eightscore thousand pounds. Since my Lord of Essex's going
into Ireland, she hath spent three hundred thousand pound. So the Queen is behind one hundred and forty thousand pound. Thus we refer
the matter to your judicious consideration: We
only shew you the present state of the Queen
and her affairs, wishing no man to look that we
should give advice what is to be done, as though
you your selves who are the wisdom of the
Land, could neither direct your selves, nor upon
these reasons alledged judge of the necessity of
the State.

Mr Comptroller, Sir John Fortescue and Secretary Herbert spake all to the like effect; only Sir
John Fortescue added this, that what pleased the
House in the name of the Subsidy to bestow the
same, Her Majesty did and would ever imploy
to their uses; so that dying, it might be written
on her Tomb, Quòd occupatus vixit, so that she
dying liveth still imploying all to the safety of
her Subjects. And I beseech you remember, that
the Great Turk when he Conquered Constantinople found therein three hundred Millions of Gold;
If they, quoth he, had bestowed three Millions
in defence of their City, he could never have
gotten it. From this Blindness I pray God defend
us, that we may not be backward to give four
Subsidies to her Majesty, for want whereof in
time we may happen to lose that which will
not be recovered or defended with a hundred.

So after a few other Conferences and Speeches
pro & con, it was concluded, that the House
should be certified of the proceeding on Monday,
and by general consent the three pound men to
be included. And so the House about six of the
Clock, it being dark Night, rose confusedly, and
would sit no longer. Vide concerning this matter
on Saturday the 5th of December postea.

Note, That MrMaynard by consent of the
whole House sate in the Chair as Clerk to register the Order of this Committee, who wrote at
the least two Sheets of Paper. By consent also
he was licensed to put on his Hat.

Thus far out of the aforesaid private Journal;
we now return to the Original Journal-Book it
self.

On Monday the 9th day of November, the Bill
for the strengthening of the Grants made for the
maintenance and Government of the House of
the Poor called StBartholomews Hospital of the
Foundation of King Henry the Eighth, according
to a Covenant made by the said King, was read
the first time.

Two Bills also had each of them their first
reading; of which the second was the Bill for
the benefit of Merchants and advancement of her
Majesties Customs and Subsidies both Inward and
Outward.

The Bill for Reformation of certain Abuses
concerning Process and Pleadings in the Court
of Exchequer upon supposals without just
grounds in the Office of the Treasurers Remembrancer, was read the second time and committed unto all the Privy-Council being Members
of this House, The Queens Learned Councel
Members also of this House, Sir Robert Wroth,
Sir Edward Hobbie, MrPhilipps and others, who
were appointed to meet to Morrow in the Afternoon in the Exchequer Chamber at two of
the Clock; and the Bill and Committees names
was delivered unto Mr Chancellor of the Exchequer one of the Committees.

The Committees for continuance of Statutes,
(who were appointed on Thursday the 5th day
of this instant November foregoing) were deferr'd until Thursday next in the Afternoon.

Thus far of this days Passages out of the Original Journal-Book of the House of Commons;
what follows is out of the private Journal.

Heyward Townsand Esq; did this day prefer a
Bill against the multitude of Common Sollicitors, and at the same time spake as followeth.
May it please you, Mr Speaker, It was well said
by a Worthy Member of this House MrFrancis
Bacon, that every man is bound to help the Common-Wealth the best he may; much more is
every man in his particular bound, being a Member of this House, if he knew any dangerous Enormity towards the Common-Wealth, not only
to open it, but if it may be, oppose it. We being
all here within these Walls together may be likened to a Jury close shut up in a Chamber; every
man there upon his Oath, and every man here
upon his Conscience, being the Grand Jurymen
of the Land, bound to deal both truly and plainly. Herewith (though a most unworthy and
least sufficient Member of this House) my self
being touched, I had rather adventure my Credit by speaking though confusedly, than to
stretch my Conscience (knowing so great a mischief and inconvenience unto this Kingdom) by
silence in so pleasing a Cause as I do perswade my
self this Bill will be to every man that hears it.
To which Mr Speaker, because I may have benefit of Speech if occasion serve, at the second
reading thereof, I will not speak more at this
present, but only touching the very Tract of the
Bill it self. The Honourable Personage, that in
the Upper House in the beginning of this Parliament, spake against the lewd abuses of prolling
Sollicitors and their great multitude, who set
diffension betwixt man and man, like a Snake cut
in pieces crawl together to join themselves again
to stir up evil Spirits of Diffension; He I say
advised us, That a Law might be made to repress
them; I have observed that no man in this Parliament ever offered to prefer any such Bill to
this House, but sure I am no man spake to this
purpose. I have therefore Mr Speaker, presumed
out of my young Experience, because I know
part of their abuses, and with that small Portion
of Learning that I have, to draw a Bill, and
here it is. The title is thus: An Act to repress
the multitude of Common Sollicitors. The body
of the Act disableth all persons to sollicit any
Cause other than their own. There are excepted
and fore-prized four several sorts, Lawyers and
Attornies in their own Courts; where they be
sworn Servants in Livery, and Kinsmen within
the fourth degree of Consanguinity. And no
man within this Kingdom but may find a fitting
and convenient Sollicitor within these four Degrees. And I humbly pray, it being so short,
that the Bill may be read and received.

Mr Secretary Cecill spake touching the Subsidy
as followeth, viz.

When it was the good pleasure of this House
to give Order to the Committees to consider the
common danger of the Realm, in which not only
every Member of this House but every man in the
Kingdom is interested, it liked the Committees
after their resolution to chuse one among all to
give account of their proceedings, and that is
my self. I do know it were the safest way for a
mans memory to deliver the last resolution without any precedent Argument; for rare is the
Assembly in which there is not some variety of
opinions. I need not recite the form, the Committee by reason of so good attendance being
little inferiour to our Assembly at this present.
Yet if it be true that forma doth dare Essentiam,
it will be somewhat necessary for me to deliver
the manner of our proceedings and the circumstances, rather than hazard the interpretation of
such a resolution.

The day was Saturday last, the place this House,
the time about four hours; and I am of opinion,
if we had all agreed upon the manner, as we did
speedily upon the matter, all had been dispatcht
in an hour. It seemed by the ready consent of
the Committees that they came not to look
on one another, or like Sheep one to accompany another; but the matter was well declared
by some, and at length consented unto by all.
Our contention bred difference, and difference
cause of Argument, both how to ease the State,
and make this Subsidy less burthensom which shall
be received. Some were of opinion that the
three pound men should be spared, because it was
to be considered they had but small Portions.
Others were of opinion that the four pound men
should give double, and the rest upwards should
be higher Sessed. Others were of other Opinions. Again it was moved, whether this Subsidy
should go in the name of a Benevolence or Contribution, or whether in the name of a fourth
Subsidy; but at length most Voices resolved it
should have the old name of a Subsidy, because
Subsidium and Auxilium are all one. The most
Voices concluded that there should be no exception of the three pound men, because according
to their rate some were Sessed under value; besides, separation might breed emulation, suspition
of partiality and confusion. The time was resolved upon. And in respect of expedition, to be
by the first of February. And the whole Realm
when each man comes into his Country will be
bet\?\ter satisfied when they shall know they have
spared no man, nor made any disjunction. It
was said by a Member of the House, that he
knew some poor people pawn'd their Pots and
Pans to pay the Subsidy. It may be you dwell
where you see and hear; I dwell where I hear
and believe. And this I know that neither Pot
nor Pan, nor Dish nor Spoon, should be spared
when danger is at our Elbows. But he that
spake this, in my Conscience spake it not to hinder the Subsidy, or the greatness of the Gift, but
to shew the Poverty of some Sessed, and by
sparing them to yield them relief. But by no
means I would have the three pound men exempted, because I do wish the King of Spain
might know how willing we are to sell all in
defence of Gods Religion, our Prince and
Country.

I have read when Hannibal resolved to sack
Rome, he dwelt in the Cities adjoining, and never feared or doubted of his Enterprize, till
word was brought him that the Maidens, Ladies
and Women of Rome sold their Ear Rings, Jewels and all their necessaries to maintain War against him. I do take my self in duty bound to
acquaint this House with the modesty of the
Committee at the Proposition; that where first
this House never stuck to commit it, they never
stuck (understanding the reasons) to grant it.
I do perswade my self, that the bonus genius of
this House did not wish a more resolved unity,
than we had unity in resolution. And of this
great Committee it may be said, de majoribus
Principes consultant, de minoribus omnes. Thus
by your Commandments have I undergone this
Charge, and will be ready to do the like duty
whensoever you command me.

Then after Consultation had of the great occasions, it was put to the Question, whether the
double Tenths and Fifteenths should be paid by
the first day of February, viz. for this fourth
Subsidy before the third begin; and that the
first payment of the first three Subsidies should
be brought in by the 10th of June, viz. half a Subsidy; And all said Yea, and not one No.

Then was a Motion made by Sir Robert Wroth,
that this new Subsidy might be drawn in a Bill
by it self, to which should be annext a Preamble
of the great necessities, the willingness of the
Subject, and that it might be no Precedent; but
that would not be yielded unto.

Then Mr Speaker asked the House if they
would appoint Committees, so they appointed
the Queens Councel and all the Serjeants of the
House and no more.

MrFrancis Moore moved that, that which
was done might be compleatly done, and the
Subsidy gathered by Commission and not by the
old Roll; for peradventure some were dead, others
fallen to Poverty, others Richer, and so deserved
to be inhansed, &c. And withal he said, that
the granting of this Subsidy seemed to be the
Alpha and Omega of this Parliament.

MrWingfield moved the Honourable of the
Councel, Members of this House, That seeing
the Subsidy was granted, and they yet had done
nothing, it would please her Majesty not to
dissolve the Parliament till some Acts were
passed.

Serjeant Harris said, The Motion of the Gentleman that last spake, is not now to be discussed; we are to speak touching the Subsidy.

MrFrancis Bacon after a Repetition of some
of what was done Yesterday, that the three
pound men might not be excluded, he concluded, that it was Dulcis tractus pari jugo, therefore the Poor as well as the Rich not to be exempted.

Sir Walter Raleigh said, I like not that the
Spaniards our Enemies should know of our selling our Pots and Pans to pay Subsidies; well
may you call it Policy, as an Honourable Person
alledged, but I am sure it argues Poverty in the
State. And for the Motion that was last made of
Dulcis tractus pari Jugo, Call you this par jugum,
when a poor man pays as much as a rich, and
peradventure his Estate is no better than he is
set at, or but little better; when our Estates that
be thirty pound or forty pound in the Queens
Books, are not the hundred part of our Wealth?
Therefore it is not Dulcis nor pari.

Mr Secretary Cecill, That now, seeing one of
the weightiest matters and causes of Calling this
Parliament was agreed upon, he doubted not
but we should have both a quick Parliament and
speedy payment. But for that the Gentleman
said on my right hand, that the Subsidy was the
Alpha and Omega of this Parliament, I think he
spoke it not simply out of humour, but rather
upon probability; for I can assure you her Majesty is as respective over you touching her Laws,
which she desireth may be perused and amended,
that she meaneth not to Dissolve this Parliament
till some things be amended. For that, that I said
touching the Spaniards knowing of our sale of
our Pots and Pans and all we have to keep him
out, which should be a matter of Policy, to
which the Gentleman on my left hand (Sir Walter Raleigh) took Exceptions, I say it is true, and
yet I am mistaken: I say it is good the Spaniards
should know how willing we are to sell our Pots
and Pans and all we have to keep him out; Yet
I do not say, it is good he should know we do
sell them: that is, I would have him know our
willingness to sell (though there be no need)
but not of our Poverty in selling, or of any necessity we have to sell them, which I think none
will do, neither shall need to do. Then all the
House cryed No, No, as much as to say, no man
did so.

Sir Arthur Gorge moved, that it would please
the Council that Order might be taken that Justices of the Peace might be Sessed according to
the Stature, viz. at twenty pound Lands, whereas there be few Justices that be above eight or
ten pound by Mr Secretary noted in his Table
Book.

Then Serjeant Heyle stood up and made a Motion, saying: Mr Speaker, I marvel much that
the House will stand upon granting of a Subsidy,
or the time of payment, when all we have is her
Majesties; and she may lawfully at her Pleasure
take it from us; Yea she hath as much right to
all our Lands and Goods as to any Revenue of
her Crown. At which all the House hemm'd
and laughed and talked. Well quoth Serjeant
Heyle, all your Hemming shall not put me out of
Countenance. So Mr Speaker stood up and said,
It is a great disorder that this should be used;
for it is the antient use of every man to be silent
when any one speaketh; and he that is speaking
should be suffered to deliver his Mind without
interruption. So the said Serjeant proceeded,
and when he had spoken a little while, the
House hemm'd again, and so he sate down. In
his latter Speech he said, he could prove his former Position by Precedent in the times of Henry
the Third, King John, King Stephen, &c. which
was the occasion of their Hemming.

MrMountague of the Middle-Temple said, that
there were no such Precedents; and if all Preambles of Subsidies were looked upon, he should
find it were of Free Gift. And although her Majesty requireth this at our hands, yet it is in us
to give, not in her to exact of Duty. And for
the Precedents there be none such, but touching
a tenth Fleece of Wooll, and a tenth Sheaf of
Corn that was granted to Edward the Third at
his going to the Conquest of France, because all
the Money then in the Land to be levyed by
way of Subsidy, would not be any way answerable to raise that great Mass he desired. And so
having these Tenths he sold them to private men
to gain that Subsidy, and so raised Money to himself for his Enterprize.

Thus far out of the said private Journal; the
residue of this dayes Passages that follow, and
those also of the day ensuing are transcribed out
of the Original Journal-Book it self of the same
House.

The Queens Learned Councel and all the Serjeants at Law being Members of the House (after
the foregoing long dispute touching the Subsidy
and the conclusion thereof) are appointed by
the House to draw into the form of a Bill the
Articles agreed upon by the Committees for the
Subsidy; and also the days of payment agreed
upon by the said House this present day; and
Ordered to meet at their Pleasures as often as
they shall think fit from day to day and from
time to time. Vide plus de ista materia December
5. Saturday postea.

On Tuesday the 10th day of November, Five
Bills had each of them one reading; of which
the last being the Bill against blasphemous Swearing was read the second time and committed unto Sir Francis Hastings, Sir Robert Wroth, Sir
George Moor, Sir Thomas Leighton and others,
who were appointed to meet upon Saturday next
in the Middle-Temple Hall at two of the Clock
in the Afternoon.

The Bill for uniting and consolidation of certain small Churches in the City of Exeter was
read the second time and committed unto Sir
Walter Raleigh, Sir Francis Darcie, Mr Sollicitor,
Mr Serjeant Heyle, Mr Secretary Harris, all the
Doctors of the Civil Law and others, who were
appointed to meet upon Monday next at two of
the Clock in the Afternoon in the Middle-Temple Hall.

Robinson Citizen of London was brought to
the Bar by the Serjeant and charged by Mr
Speaker in the name of this House with his offence in procuring to be Arrested one Wooddall
Servant Attendant upon William Croke Esq; a
Member of this House, to the great contempt;
indignity and prejudice of this whole House. And
the Members thereof: being asked what he could
say for himself for his defence, answered, that
he was heartily sorry for that he had given any
cause of offence unto this House, most humbly
craving Pardon for the same; And most confidently protested and affirmed, that he knew not,
nor ever heard before the said Arrest made, that
the said Wooddall was Servant or belonging to
any Member of this House, but had delivered
the Warrant by which he was Arrested, unto the
Officer long before the Parliament began. Whereupon after some Speeches had therein he was by
the Order of this House discharged, paying his
Fees to the Serjeant and Clerk.

Two Bills also had each of them one reading;
of which the second being the Bill for the benefit of Merchants and advancement of her Majesties Customs and Subsidies both Inwards and
Outwards, was upon the second reading committed unto all the Privy-Council and Learned
Councel being Members of this House, the Knights
and Citizens of London, Sir Walter Raleigh and
others; And the Bill was delivered to Mr Secretary Herbert, who with the rest was appointed
to meet upon Thursday next in the Exchequer
Chamber at two of the Clock in the Afternoon,
and all her Majesties Customers and Officers appertaining to the Custom-House, and other Merchants to have warning to be then and there present to attend the Committees.

On Wednesday the 9th day of November, MrSnigg made Report of the meeting of the Committees and of their travel in two Bills, viz. That
the Plaintiff in Writs of Error shall give good
Bail, brought in with some Amendments and Alterations; and the other against fraudulent Administration of Intestates goods, without any
Amendments. And so delivereth them in and
prayeth the reading.

The Amendments in the Bill that the Plaintiffs
in Writs of Error shall give good Bail were twice
read. And also the Bill against Intestates Goods
were Ordered to be ingrossed.

Three Bills had each of them one reading; of
which the last being the Bill for the Inhabitants
of Rachdale in the County of Lancaster, was read
the second time and committed unto MrFrancis
Moore, MrHolcrost, the Knights for Lancaster,
MrHancock, MrBeeston and others, who were appointed to meet upon Wednesday next in the Middle
Temple Hall at two of the Clock in the Afternoon.

Three Bills had each of them one reading;
of which the last being the Bill for abbreviation
of Michaelmas Term was read the second time;
and upon the question whether it should be committed or no, the Knights and Citizens of London
were against it. And therefore upon the nomi
nating of the Committees it was doubted and
questioned whether they could be admitted into
the said Committee or no. Which dispute because it is omitted in the Original Journal-Book
of the House of Commons, is therefore supplied out of that often before-cited private Journal of the same House.

Sir Edward Hobbie spake first and said, that it
was against the Order of the House to admit the
Knights and Citizens of London to be of the Committee, because they had given their Voice already against the body of the Bill.

Mr Secretary Cecill said, I am willing to speak
in two respects; the one touching the Bill it self,
the other touching the Controversie in the House
about the Commitment. Touching the Bill, I
dare not upon my own Judgment be so venturous or bold to reject this Bill, unless first it might
have a Commitment. For the wisdom of that
time when it was first instituted was so apt to
look into imperfections, that doubtless if an inconvenience had been but espied, they would
streight have avoided it. Therefore in my opinion it is not fit for us to look into the Actions
of former Ages, but upon mature and advised
deliberation. I do therefore greatly commend
the Wisdom of this House in Committing this
Bill and others of the like nature, before we reject them. For the other part, though it be a
Rule in the House that those against the Bill
should be no Committees, yet in a case of so
great consequence and so greatly touching the
State of the City of London, there is no reason
but that they may have their particular Voices
as Committees as well as every Member of this.
House; neither have we reason to exclude them
more than any other, especially they being chosen for the most principal City of this Kingdom,
which is the Chamber of her Majesty, whom we
should the rather respect for her Majesties sake,
who doth and will remember their Loyalty and
Faithfulness shewed unto her in the late dangerous Action (viz. the Earl of Essex's rising) for
which if ever Prince had Cause of thankfulness
unto her Subjects, doubtless her Majesty is to
confess as much. In my opinion therefore we
should do great wrong and purchase great blame
at their hands that sent them hither in Trust, if
in a matter of this consequence, and so particularly touching the State of this City, we should
not admit them Committees.

MrWiseman said, that by committing of a Bill
the House allowed of the body thereof though
they disallowed of some imperfections in the
same, and therefore committed it to some chosen
men of Trust to reform or amend any thing
therein which they found imperfect. And it is
to be presumed that he that will give his No to
the Committing of a Bill, will be wholly against
the Bill. And therefore the House allowing of
this Bill to be committed, are (in my opinion)
to disallow any that will be against the body of
the Bill for being Committees.

Mr Comptroller said, he was of opinion, for
the reason before alledged, that they ought to
be Committees, but he moved another question,
Whether a Committee speaking against the Bill
at the Commitment, may also speak at the ingrossing thereof in the House, and have his free
Voice.

Sir Edward Hobbie said, that may be resolved
upon by many Precedents. And for mine own
opinion, I think that he that is against the body
of the Bill can be no Committee; And he that
being a Committee speaketh against the Bill, may
also speak hereafter in the House.

Mr. Fulk Grevil said, That a Committee was
an artificial body framed out of us who are the
general body; And therefore that which is spoken
at the Committees, evanescit, it is gone, when the
body which is the Commitment is dissolved;
and then every particular Committee is no more
a part of the artificial body but of us the general body, when he hath his free voice as though
he had never spoken before.

Then Mr. Speaker stood up and said, I will
propound two questions; The first, if when a
man hath spoken against the body of the Bill, he
may be a Committee; The second, whether any
Member of this house after having been a Committee in any Bill, may afterwards speak in the
Negative part against the said Bill. Now, quoth
he, I will propound the first question: All they
that will have a Man that hath been against
the body of the Bill to be a Committee, let
them shew their opinions by saying Yea; and
not one said Yea. All they that will not, say
No; All said No. So he did for the second question, and not one said No, but all Yea. Which
said Order and resolution was appointed by the
House to be entred for a future Precedent accordingly.

Then he put it to the question, whether they
of London notwithstanding this Order, in respect this Commitment greatly concerneth the
State of the City, should be Committees. And
the Yeas were greater than the Noes. And thereupon the said Knights and Citizens for London
were nominated with the other Committees,
whose names are now here in the next place inserted out of the Original Journal-Book of the
same House in manner and form following.

All the Privy Council and all the Queens
Learned Councel being Members of the House,
All the Serjeants at Law being of this House,
Sir George Moore, Sir Thomas Conisbie, Sir Charles
Cavendish, Sir Michael Sands, Sir Edward Hobbie, Sir William Wray, the Knights for the Twelve
Shires of Wales, the Knights for Cornwall and
Devonshire, the Burgesses for the Borough
Towns beyond Trent, the Burgesses for Lancaster, MrWingfield, MrThynne, MrFulke Grevill, Sir John Egerton, Sir Francis Hastings, MrCarew, MrFrancis Moore, MrMaynard, MrVarney, MrSwaine, Sir Robert Wroth, Sir Jerom Bowes,
Sir Moile Finch, Sir Francis Darcy, the Knights
and Citizens for London, MrBarrington, MrHancock, MrTate and MrThomas Jones. And the Bill
and Committees names were delivered to MrFulk
Grevill, who with the rest was appointed to
meet upon Wednesday next in the Exchequer
Chamber at two of the Clock in the Afternoon.

On Thursday the 12th day of November, Five
Bill of no great moment had each of them one
reading; of which the last being the Bill to avoid trifling and frivolous Suits in Law, was read
the second time and committed unto MrLashbrooke, MrHubbard and others, who were appointed to meet to Morrow in the Afternoon in the
Middle-Temple Hall at two of the Clock.

The Bill against Common Sollicitors, &c. was
read the second time and committed to the last
former Committees, who were appointed to meet
at the same time and place.

The Bill against fraudulent Administration of
Intestates goods, and the Bill for avoiding of
unnecessary delays of Execution upon Judgments, were each of them read the third time
and passed upon the question, and were sent up
to the Lords by Mr. Comptroller, Mr. Secretary
Herbert and others.

Two Bills also of no great moment had each
of them one reading; of which the first being
the Bill for Denization of certain persons born
beyond the Seas was read the second time and
Ordered to be ingrossed.

John Baker was brought to the Bar and charged by Mr. Speaker in the name of this House,
with contempt committed by him against the
Liberties and Priviledges of this House in Arresting of one ......... Wooddall servant unto
William Cooke a Member of this House; who
answered, that he knew not, that the said Wooddall did belong unto the said Mr. Cooke or unto
any other Member of this House: and was by the
Order of this House committed to the Serjeant's
Custody until to Morrow, at which time the House
hath appointed to take further Order therein.

The Bill for confirmation of Grants made to
the Queens Majesty and of Letters Patents from
her Highness to others, was read the second time
and committed unto all the Queens Privy Council being of this House, Mr. Francis Moore, Mr.
Tanfield and others; And the Bill and Committees names were delivered to Mr. Secretary Herbert, who with the rest was appointed to meet
upon Saturday next at two of the Clock in the
Afternoon in the Exchequer Chamber.

The Bills formerly appointed to have been
sitten upon in Committee upon Saturday next,
are deferred until Monday in the Afternoon.

On Friday the 13th day of November the Bill
for the restraining of Butchers in and about the
City of London from selling, and covetous Ingrossers from buying of Fells and Sheep Skins, &c.
had its first reading.

Two Bills had each of them one reading; of
which the second being the Bill or Petition of
Cloth-workers had its first reading.

Mr. Johnson made Report of the meeting and
Travel of the Committees in the Bill for punishment of idle and base persons, with certain Amendments.

The Bills and Committees names touching trifling Suits and against common Sollicitors were
delivered to Mr. Boyce.

The Amendments in the Bill for punishment of
Offences in base and idle Persons were twice read,
and with the Bill Ordered to the ingrossed.

Two Bills also had each of them one reading;
of which the second being the Bill concerning
matters of Assurances used amongst Merchants was
read the second time, and Committed unto all the
Privy Council being Members of this House, all
the Doctors of the Civil Law likewise of this
House, Sir Walter Raleigh and others, who were
appointed to meet upon Thursday next in the Exchequer Chamber at two of the Clock in the
Afternoon.

John Baker was brought to the Bar by the Serjeant and charged by Mr. Speaker with his ofsence, &c. was asked what he could answer for
himself. Upon his humble submission made, earnest protestations of not knowing the said Wooddal to pertain to any Member of this House, and
being Sequestred until the House had considered
of the same, he was again brought to the Bar and
by Order of the House discharged paying his
Fees. Vide concerning this matter on Yesterday
immediately foregoing.

Thus far out of the Original Journal-Book
of the House of Commons; the residue of this
dayes Passages are inserted out of the private
Journal.

MrHugh Beeston stood up in the lower end of
the House and said, Mr Speaker, We that be
here cannot hear you that be above, I would it
would please them that speak there to speak
louder. Also I am to certifie you, that I am
here for a Town, but not for mine own Country of Denbighshire or for any part thereof; but
if I should not speak somewhat for my Country,
I dare never go thither again. Therefore I
heartily beseech you, Mr Speaker, That the
House may be resolved what course is taken according to the Order of the House for the Election of a Knight and Burgess, for they cannot
but find themselves grieved for want of the Election. But what is done I know not.

Mr Secretary Cecill said, Because I was the Reporter of the stay of the Election, as also of the
proceeding. I will now also certifie you, that
there was Order taken for the sending out of a
Warrant for the Election; but what is done
therein, I know not.

Mr Speaker said, I gave Warrant to the Clerk
of the Crown according to the antient form to
send out a new Writ, who answered me that the
Lord Keeper desired to have the Warrant directed to him for a new Writ and for his Warrant
for sealing thereof, so that nothing is done
therein.

Sir Edward Hobbie said, There is no Court
that doth not observe his Rites and follow his
Priviledges, much more this High Court of Parliament being the greatest, and Commander of
all other Courts, doth and ought to observe the
same most strictly; And all the Precedents which
I have seen and observed touching this point have
ever gone to the Clerk of the Crown and to none
other. And therefore I take it, that course ought
inviolably to be observed.

Sir George Moore said, I agree with the Gentleman that last spake, that Precedents ought to
be observed; but yet not altogether, upon urgent occasion or by necessity of time: knowing
this, I take it my duty to inform you, if any alteration have been, it proceeded from the imperfection of a Speaker. It was well observed by an
antient Member of this House, that no Conference with the Lords touching a Subsidy should
be had: Yet that Rule hath been altered in late
Parliaments by reason of special Causes. So do I
think it would be more Honourable to this House
to direct our Warrant to the Lord Keeper, than
to any inferiour Minister in the Chancery.

Sir Francis Hastings said, By the leave of your
Honourable Favours, I will shew you that I my
self was Yesterday with the Lord Keeper, and
how Honourably I heard him speak of this House;
that he desired nothing more than to shew the
duty and love he beareth us, as also himself
would be our immediate Officer, and would be
willing and glad to receive a Warrant from us, so
it might be directed to him for his discharge, be
it in what terms soever we pleased. And he said,
he doubted not, but if this Honourable House
knew so much, they would rather chuse him
than any other for their Minister. Thus much I
thought good to certifie this House of, which being spoken in private unto me, I now deliver in
publick unto you for my own advice. I think
nothing can be more Honourable unto this House,
than to have a Person of so great Estate, to
whom we may direct our Warrant as to our Minister.

MrFrancis Bacon said, It is far more Honourable for this House in my opinion, when our Warrant shall move the principal Member of Justice,
than when it shall command a base petty or inferiour Servant to the Clerk of the Crown, or
the Clerk of the petty Bag. It will be said, that
our Warrant Emanavit improvidè, when we shall
direct our Warrants to these base Officers, when
we may move the Great Seal of England by it,
even as soon as either petty Bag or petty Officer.

Mr Speaker said, I was and ever am Zealous
and Jealous of the Priviledges and Orders of
this House. I was commanded by you to send
forth a Warrant for the Election of a Knight
and Burgess; I found a resolution, that during
the time of the sitting of this House, the Speaker
for a new Election is to make a Warrant directed
to the Clerk of the Crown: so that in my doing
thereof I hope I have done rightly.

Mr Secretary Cecil said, I hope I shall move
unto you a Conclusion which will end this Controversie, and in the mean time a saving to all
persons. I mean not to second my former Error,
for which I was excepted unto; that is, that Mr
Speaker or any Member should attend the Lord
Keeper; but that four might be Assigned by
this House to go to the Lord Keeper. I say to go
(as if he should have said, mark. I say not to
attend) to the Lord Keeper to know the
cause of the stay, as also his request unto this
House: And that other six might be Assigned to
call before them the Clerk of the Crown, the
Clerk of the petty Bag and the Clerk of this
House, with their Precedents and Books to see
to whom this Warrant hath in former times been
directed, and whether the Priviledges in former
Ages have danced a Pavin to and fro, and according to the time have been altered. This to
be done this Afternoon, and to certifie this House
to Morrow, and then we to make a determinate
resolution.

To which all said, A good Motion.

MrHolcrost of Cheshire said, May it please you,
Mr Speaker, the County day for Denbighshire is
on Thursday next, and therefore there had need
be speed made, otherwise there can be no Election
this Parliament.

Mr Speaker said, Will it please you to name
the six Committees, so the House named Sir Edward Hobbie, Serjeant Harris, Sir Francis Hastings,
&c. The Speaker likewise said, Will it please
you to name the four to go to the Lord Keeper,
so the House named Secretary Herbert, Sir Edward Stanhop, Sir Edward Stafford and MrFulk
Grevill.

Thus far out of the aforesaid private Journal.
The next dayes Passages do now follow in part
out of the Original Journal-Book it self.

On Saturday the 14th day of November, MrCotton a Member of this House moved for the
receiving of two Bills, which he then offered to
the consideration of the House, and were accepted accordingly; but were not then read by reason of sundry occasions of lett, and for that also
Mr Speaker had not perused them.

Three Bills also had each of them one reading;
of which the third being the Bill that Edward
Markham may dispose of his Lands as other Tenants in Tail lawfully may do, was read the second time, and committed unto Sir Robert Wroth,
Sir Moyle Finch and others, who were appointed
to meet upon Friday next at two of the Clock
in the Afternoon in the Court of Wards, and
the Parties whom it concerneth to bring their
Evidences and Writings to the Committees.

One other Bill touching making of Cloathes
was read Primâ vice.

MrJohnson informed the House, that sundry
Members of this House have been served with
Subpæna's, viz. Edward Mountague Esq; to appear in Chancery upon the 6th day of this instant
November ad respondend. Will Riddlesden; upon
Sir Micheal Sandes to appear in the Kings-Bench
ad testisicand' die Veneris prox' post Crast' Sancti
Martin. at the Suit of John Stow; upon Goddard Pemberton to be in the Chancery, vii° die
Novembr. ad Sect. Will Wood. Whereupon the
Serjeant was appointed to bring unto this House
the persons that served or do prosecute the said
Subpæna's, to Answer in this House for their said
Contempts.

Thus far out of the Original Journal-Book of
the House of Commons; the further dispute of
this business and the residue of the Passages of
this day are in the next place supplied out of
the often before-recited private Journal of the
said House.

The said MrJohnson after he had vouched the
aforesaid precedent instances touching other
Members of the House that had been served with
several Subpæna's, certified the said House further
thus much, that the Informer came to his Lodging this Morning as he was coming out of his
Door and asked for him; he told him he was
the man. Then said the Informer, The Queen
Greets you well. What's this quoth I? A Subpæna quoth the Informer, and I charge you to
appear upon it according to the Contents. Then
I told him that I was of this House and could
not attend. He Answered me again, there it is,
I care not, look you to it at your peril.

MrDavid Waterhouse stood up and shewed,
that that Subpæna came out of his Office, and
further shewed the necessity of obeying of it,
for that a Cause for want of Witnesses might be
lost; therefore the hearing being appointed at a
day certain, the Client might peradventure be
undone if he should not have this Subpæna ad
testisicandum in due time both served and appeared unto.

Sir Edward Hobbie alledged divers Precedents
touching this point, as 10 February 27thEliz.
MrKerle served one Roger Stepney with a Subpæna into the Star-Chamber, and for this he was
adjudged to the Serjeants keeping for six dayes,
and to pay five Marks Charges: And 25 March
27 Eliz. MrCrooke served a Member of this House
with a Subpæna into Chancery, and for so doing
was adjudged to give a Copy of the Bill, twenty
shillings for Charge, and was Committed.

MrWiseman said, notwithstanding the Allegations and excuse of the Gentleman that spake
in favour of the Subpæna ad testisicandum, I think
it deserveth no less favour than the other: For
if the necessity of the Cause were such that he
must needs be served and spared out of this
House, the party ought to ask leave of the
House, or at least of the Speaker, or intreat him
to relate the same to the House.

Sir George Moore said, I think as the Gentleman that last spake, for the like Subpæna being
brought the last Parliament, it grew to a question,
whether it were an impeachment to the Priviledge of the House; And after some dispute; an
antient Member of this House shewed divers Precedents how that the minds of the Members of
this House ought to be freed as well as their bodies. Whereupon two Members were sent to require the Lord Keeper to reverse that Subpæna,
&c. He also spake of a Quo Warranto for the Liberties of the Black-Fryars withheld, but to what
purpose ignoro.

Then it grew to a question, whether a Burgess
of a Parliament may be served with a Subpæna
ad testificandum; And it was concluded that he
could not.

So after this dispute they agreed, that the Serjeant should be sent to Arrest all those to appear
that had procured the Subpæna's aforesaid, to Answer their contempts with all speed.

Sir Francis Hastings stood up and made a relation of the proceedings which he with the other
Committees had made according to the Commandment of the House the day before. He said,
We called before us the Clerk of the Crown, the
Clerk of the petty Bag, and our Clerk of the
Parliament.

The Clerk of the Crown shewed us five Warrants and one Order, all one Course and one form,
and all in the 27 Eliz. Three of the Warrants
were directed to the Clerk of the Crown, two
without direction; and he shewed us Writs
without Warrant. Then we called the Clerk
of the petty Bag, who would shew us no Warrant but only a Record of Writ in his Roll of
39 Eliz. only he said (but we heard him not)
that Warrants had been granted to the Clerk of
the petty Bag. The Clerk of the Parliament
shewed unto us two Precedents of 5 Eliz. and
of 13 Eliz. every one without direction, but
with these words or to the like effect as I take it,
[It is required such and such a thing be done.]

Sir Edward Hobbie said, Because the truth
hereof may be made more plain, and that it pleased you to command my unworthy self to attend
Yesterdays Service, I will under favour of the
Gentleman that last spake, make a Repetition ab
origine, a little longer than he did, for your satisfactions of this Cause and our pains. It pleased you to depute six to this service, five attended.
The Serjeant at Law (Serjeant Harris) of whose
furtherance we best hoped, deceived both your
and our expectations. The Clerk of the petty
Bag, the Clerk of the Crown and the Clerk of
the Parliament attended us. The Clerk of the
Parliament delivered unto us a fair Record containing a Writ sent out Sedente Parliamento (for
so are the words) it was for the Knights of Yorkshire and Lancashire, and this was all he could
shew; only he said, an old Officer would be
sworn, there were more, but lost by Garth's decease. The Clerk of the Crown dealt with us
two ways, The First by way of experienced
Officers, The Second by way of Precedent. For
the First, one Stephen Brown was brought forth
before us who hath been an Officer in the CrownOffice these thirty six years: And being asked if he
knew how Warrants were directed, he answered,
that in the time of the Lord Keeper Bacon, he
that was Speaker of this House directed them
to the Clerk of the Crown: Being further asked, if they were impugned; he Answered, No.
Being asked, where these Warrants were kept;
he said, on the Labels in the House. The said
Clerk shewed us five Precedents and one Order,
the rest were lost by MrWatson's death, as the
other Precedents were by the death of MrGarth, the Clerk of the Parliament of the 13th
of Queen Elizabeth, when Sir Christopher Wray
was Speaker: As also One Order dated 18th of
March 1580. die Sabbathi, that a Warrant should
be directed to the Clerk of the Crown to chuse a
new Burgess for Norwichinstead of one Beamont, the
words whereof were, It is required of the Knights,
Citizens, Burgesses and Barons, &c. As also another Order dated die Sabbathi 18° Martii 1580.
in these words, It is further agreed upon and
resolved by this House, that during the time of
sitting of this Court, there do not at any time
any Writ go out for the chusing or returning
of any Knight, Citizen, Burgess or Baron, without the Warrant of this House first directed for the
same to the Clerk of the Crown according to the
Ancient Jurisdiction and Authority of this House
in that behalf accustomed. And another Warrant
subscribed Henry Gates and Will. Fleetwood who
were Committees in examination of a Cause touching Henry Bermaker and Anthony Wilde, the effect
whereof was, That forasmuch as they were Arrested into the Kings Bench, whereas we find
them priviledged as Members of this House, a
Warrant was directed to the Clerk of the Crown
for making Writs of Priviledge as aforesaid.
Dated from Westminster the sixth day of December. Therefore for mine own opinion and according to these Precedents, I think they ought to
be directed to the Clerk of the Crown.

Sir George Moore stood up and shewed a Precedent dated on Friday the second day of March
35° Eliz. where a new Writ was to be Awarded out concerning MrFitzherbert, and all Writs
of priviledge to come from the Chancery; And
the Speaker made a new Warrant to the Lord
Keeper to make a new Writ. In the like case
both touching Southwark and Melcombe Regis;
for I think the Warrant ought to be directed to
the Lord Keeper.

MrPate of the Middle-Temple shewed that
Ratio Legis was Anima Legis; And he that presents a Precedent without a reason, presents a
body without a soul. There is a difference in
Writs; there are Breviaex gratia speciali and Brevia cursoria: And therefore when the Warrant
hath gone from the Speaker to the Clerk, it hath
caused the Writs of course by the Lord Keeper.

Mr Secretary Herbert shewed how that he with
other three by their Commandments had been
with the Lord Keeper whom he found most Honourably to entertain and receive both him and
the rest: And that his Lordship did greatly respect both the majesty and gravity of this Assembly, and said, that he woud be loth to derogate
any thing from either: Nothwithstanding he hoped and prayed that if any further Precedents
had improvidently gone from this House, or
contrary to the most antient usage, that we
would now settle our resolution, and stablish and
decree that which might be a sufficient Warrant
unto him to put in Execution our Commands,
and also increase the Majesty and Honour of this
House, which he most heartily wished might ever
continue. And for my part, thus much I can
assure you, that we cannot wish him to be more
Honourable or more agreeable to this House than
we found him.

Henry Doyley of Lincolns-Inn said, Mr Speaker,
I take it there is a Precedent this Parliament
which will decide this Controversie. For an Honourable Person of this House being chosen with
my self Burgess for Wallingford, and also Knight
of a Shire, chose to be a Knight; And a Warrant
went from you Mr Speaker, directed to the Clerk
of the Crown for the Election of a new Burgess,
who is since Chosen and Sworn, and is now a
Member of this House, MrThomas Fortescue by
name.

MrFlemming said, The Clerk of the Crown
is our immediate Officer; he is to be Attendant
between the two Doors of the Upper House and
Lower House, when any Warrant General is required, he is to subscribe it, to certifie it, &c. he
is to convey our minds and Messages to the Upper House, &c. Yea this Warrant is to be directed to him.

Then all cryed to the question.

Then Mr Speaker stood up and said, The Question must stand on three parts, First if the Warrant shall be directed to the Clerk of the Crown;
Secondly to the Lord Keeper; Thirdly, if without any direction.

The House after this Speech was in great murmur and very loud; then stood up one and said,
Mr Speaker, Let the first Question stand, and
then all will be at an end. Then the Speaker said,
Shall the first question stand? And all said Yea.

Then he said, All those that will have the Warrant directed to the Clerk of the Crown cry Yea,
and all those that will not, cry No. And the Yeas
got it a little.

Then he asked if he would have this Order
entred of Record, and all cryed Yea, Yea.

Thus far out of the private Journal: Now
follows some part of the next days Passages out
of the Original Journal-Book it self.

On Monday the 16th day of November, Five
Bills of no great moment had each of them one
reading; of which the first being the Bill for enabling Edmund Mollineux Esq; to sell Land for
the payment of his Debts; And the last being
the Bill for reformation of abuses used in buying
and selling of Spices and other Merchandizes,
had each of them their first reading.

Thus far out of the Original Journal-Book of
the House of Commons; the residue of this days
Passages for the most part is transcribed out of
that often before mentioned private Journal.

MrHenry Doyley a Barrester of Lincolns-Inn
made a Motion and said, Mr Speaker, I think my
self bound in Conscience to certifie you of an
Infamous Libel that is newly Printed and spread
abroad since the beginning of this Parliament;
Saving your presence, Mr Speaker, It is called An
Assembly of Fools. I desire that the Printer that
Printed it may be sent for; he dwelleth over
against Guildhall-Gate.

The House wondred much at this Motion, and
great murmuring there was; At last the Speaker
asked him where the Book was, and where he
saw it.

He Answered, In the hands of one Mr. Henry
Davies his Clerk of Lincolns-Inn, but the Clerks
name he knew not. The Serjeant upon Consultation was sent for Mr. Davies and his Man into
the Hall. After a while they came up, and notice being given thereof, the Man only was sent
for into the House, who being asked what was
his name; he said it was John Baker: being
asked of whom he had the aforesaid Book; he
said of Jeremy Gouge of Cliffords-Inn: being asked how long he had had it; he Answered three
or four days: being asked if he knew it to be a
Libellous and Seditious Book; he Answered that
he never knew any such matter in it: being asked where the Book was; he said at his Masters
Chamber. Then the Serjeant was commanded to
take him forth, and to command one of his men
to go with him to Lincolns-Inn to fetch the
Book.

Then the Speaker asked if they would have
his Master in, but Mr. Doyley stood up and said,
Mr. Davies was a very honest Gentleman, and
shewed him the Book first, and wished him to
complain unto this House. He wished Mr. Davies might be stayed till the Book were brought;
and if then it pleased them to send for him into
the House, they might, &c. So he was stayed.
In the mean time Mr. Davies his man went to
the Chamber for the Book, which after it was
brought and well scann'd by the Privy-Council,
it was found to be a meer Toy, and an old Book
Intituled the Second Part of Jack of Dover, a
thing both stale and Foolish; for which they
said Mr. Doyley was well laughed at, and thereby
his credit much impeached in the Opinion of the
House. Whereupon Mr. Speaker asked, if they
would have Mr. Davies and his Man brought
into the House; And all cryed No: Then if
they should be discharged, and all said Yea,
Yea.

The Bill for redressing certain inconveniences
in the Statute of 21 Hen. 8. Cap. 13. Intituled
An Act against Pluralities of Benefices for taking
of Farms by spiritual men and for Residence, was
read the second time and disputed, whether it
should be committed, in manner and form following, viz.

Mr. Dunn spake against this Bill and said, it
was no reason that men of unequal desert should
be equally Beneficed or equalized with the
best.

Doctor Crompton amongst many other Speeches wished that Pluralities of Offices might be taken from the Laity, and then Pluralities of Benefices from the Spiritualty. Also in former Ages,
he said, Impropriations were given to the Spiritualty, and then no Pluralities allowed; as also
Spiritual men bound by Ecclesiastical Canons of
their own from Marriage, so that they might live
with far less charge than now they do: But having taken from them first the Impropriations
they cannot keep that Hospitality which is required; And next, Marriage being tolerated among them, they living at great charge both of
Wife and Children, one Benefice of small Cure
fussceth not.

Sir George Moore said, He thought the Bill
most fit to be committed, it being in the general
opinion a good Law, and tending to a good and
a religious end; and such is the iniquity of
this Age, that for want of a good Law of this
nature, many Souls do not only languish but
perish everlastingly for want of Spiritual Food.
I think therefore, that though there be some
impersections in the Bill, yet the body and
parts of it may be amended to every mans satisfaction.

Mr. Lock said, Mr. Speaker, I think bare silence
is not an exoneration of a Mans Conscience; the
similitude of Offices and Benefices made by the
Doctor doth not hold, under favour; for Non
est incipiendum cum Laicis, sed incipiendum à Domo Dei; Therefore if they begin first, we shall
follow in avoiding Pluralities.

Doctor James said, That it had been said, That
Pluralities were the cause of bringing corruption
into the Church; but for that, under favour,
said he, I think the contrary, because corruption
is commonly where Poverty is; but if competent living be given to the Minister, I see no reason why just men should judge there to be corruption. Secondly, It was said, that it would be
a means of Preaching the Word; for that I Answer, that if hope of competent living be taken
away, it will be a means to make the best Wits
refuse the study of Divinity. And therefore an
Historian faith well, that Sublatis præmiss corruunt Artes. Consider besides, that in England
there are above eight thousand eight hundred
and odd Parish Churches, six hundred of which
do but afford competent living for a Minister;
What then shall become of the multitude of our
Learned men? they have no other Preferments
unless it be to get some Deanery, Prebendary or
such like, which is no easy matter to do, they
being so few, especially in this Catching Age.
To give the best Scholar but as great proportion
as the meanest Artisan, or to give all alike, there
is no equality; for inæqualibus æqualia dare absurdum. And this will breed Poverty in the greatest
Learned, which is the Mother of Contempt, a
thing both dangerous and odious unto Divinity;
This must needs enforce Preachers to preach placentia, which is a thing abhor'd even of God
himself. A Preacher who is no ordinary person,
ought to have an extraordinary reward; for
the Canon faith he must be ad minimum Artium
Magister, aut publicus aut idoneus verbi Divini
Concionator.

Mr. David Waterhouse said, Mr. Speaker, Because my self am an Officer, I mean only to speak
of the Doctors similitude of Pluralities of Offices.
By the Common Law, an Officer shall forfeit his
Office for Non-Attendance; so for a Benefice the
Incumbent shall also forfeit. But after, the Statute came which made this toleration upon
eighteen days absence; so that now if we set
this Statute at liberty again, this shall be no innovation in us, but a renovation of the Common Law. And I will end only with this Caution to the House, that commonly the most Ignorant Divines of this Land be double Beneficed.

Mr. Serjeant Harris said, We seem to defend
the Priviledges and Customs of the House, but
if we proceed to determine of this Bill, Mr.
Speaker, we shall not only insringe a Custom
which we have ever observed, viz. to meddle
with no matter that toucheth her Majesties Prerogative; but also procure her great displeasure.
Admit we should determine of this matter, yet
her Majesty may grant toleration with a Non obstante. And, Mr. Speaker, the last Parliament
may be a warning to us when the like Bill by us
was prefer'd, and the same not only rejected, but
also her Majesty commanded the Lord Keeper to
tell us, that she hoped we would not hereafter
meddle in Cases of this nature so nearly touching her Prerogative Royal.

Mr. Martin spake to this effect: I agree with
one that said, Learning should have her Reward; but I say more, that our. Souls should
have their Spiritual Food; And I do wish, that
Divines may have promotion not only with good
convenience, but also with good abundance.
Though I be Zealous, yet I hope to refrain and
restrain my self from that heat, which the heat
of my Zeal and love of my Country drew me
into very lately, for which I do not only acknowledge my self guilty in your Censures, but
also crave Pardon of every particular Member
of this House, that heard me, but most especially of him I offended. But touching this Bill
Mr. Speaker, and so he spake to the Bill, &c.

After this Speech an old Doctor of the Civil
Law spake; but because he was too long and
spake too low, the House hawk'd and spat and
kept a great coil to make him make an end.
Which Speech finished,

Sir Francis Hastings stood up and said, My
Masters, I utterly dislike this strange kind of
course in the House, it is the antient usage that
every man here should speak his Conscience, and
that both freely and with attention, yea though
he speak never so absurdly. I beseech you therefore that this may be amended, and this troubling of any man in his Speech no more used.
But to the matter, Mr. Speaker, I protest that
which I shall speak I will utter to you all out of
the Conscience of a Christian, Loyalty of a Subject, and heart of an Englishman. I know that
Distributio Parochiarum est ex jure humano non
Divino: But he that said so much, give me
leave to tell him, that Distributio verbi Divini
est ex jure Divino & humano. If then by the distributing and severing of Benefices to divers
learned men, the Word may be the better distributed unto the people, and preached, as God be
thanked, it hath been these forty three years under her Majesties happy Government, (the point
of whose dayes I beseech the Almighty may be
prolonged) I see no reason, Mr. Speaker, why
we should doubt of the goodness of this Bill
or make any question of the committing thereof, &c.

Mr. Roger Owen (after particular Answers to
divers particular Objections by Doctors) shewed
that a Statute was but privatio communis juris;
And this Act will make no Innovation, because
it repeals only the Proviso and not the Body.
Whereas it was said by a Doctor, that Honos alit
artes, and much more to that purpose; And if
you take away the honour and reward, then
you take away the Study it self: For Answer
thereunto, Mr. Speaker, I say under favour, that
this Statute takes away no Benefices from the
Clergy, but doth only better order the distribution of Benefices among the Clergy. For another Doctor that alledged a Canon confirmed
under the Great Seal of England, I say, under
favour, that they of the Clergy and not we of
the Laity are bound thereby; for they are as it
were By-Laws to them, but not to us.

Then the Speaker stood up and put it to the
question for the Commitment. Whereupon it
was Ordered by the more Voices that it should
be Committed: But the Committees Names being omitted in the private Journal, they are supplied out of the Original Journal-Book it self,
and were as followeth, viz. All the Queens Privy
Council and all the Learned Councel being Members of this House, Sir Walter Raleigh, Sir Francis Hastings, Sir Carew Reignolds, Mr. Francis
Bacon and divers others, who were appointed
to meet upon Friday next in the Exchequer
Chamber at two of the Clock in the Afternoon.

Mr. Speaker did lastly this Forenoon move the
House to resolve whether they would sit to Morrow or no, it being the day of her Majesties most
Blessed and Hereditary Succession to the Crown
of England: To which after a little Speech had,
It was agreed by the House, that after the Sermon
was done at Westminster, which would be ended
by ten of the Clock, they would fit the residue
of the Forenoon; And this was affirmed to be
the antient Custom.

On Tuesday the 17th day of November, Three
Bills of no great moment had each of them one
reading; of which the first being the Bill for the
enabling of Edward Nevill of Berling in the County of Kent, and Sir Henry Nevill Knight his Son
and Heir Apparent, to dispose of certain Copyhold Lands, &c. was read the first time; And
the third being the Bill against unlawful Hunting
of Deer or Conies in the Night time was read
the second time, and upon the question of ingrossing was rejected.

Heyward Townsend of Lincolns-Inn Esq; delivered in a Bill to Mr. Speaker, Intituled An Act
to prevent Perjury and Subornation of Perjury,
and unnecessary expences in Suits of Law. Upon
the delivery whereof he said, Mr. Speaker, I take
every man bound in Conscience to remove a little mischief from the Common-Wealth before it
take Head and grow to a great inconvenience.
This mischief is ordinary and general, and therefore (though but small) to be considered and
provided for. And if a Heathen Philosopher
could admonish us obstare principiis, I see no reason but men indued with Christianity should be
sensible of the least hurt or sore growing in his
Country, either regardless or respectless. For
which purpose a Gentleman well experienced,
having found this grief common to the poorer
fort, like a good Subject tendring all the parts
of this Common-Wealth, engaged me at my
coming into the House this Morning to offer unto all your considerations this Bill, which it may
please you to entertain with that willingness it is
offered. I doubt not but this inonvenience will
quickly be redressed. And thereupon the Bill according to the desire of the said Mr. Townsend
had its first reading.

The Bill for Confirmation of Letters Patents
made by King Edward the Sixth unto Sir Edward
Seymour Knight, was upon the second reading
committed unto the Queens Learned Councel
Members of this House, the Masters of Request,
Sir Robert Wroth, Sir Maurice Barkley and others,
who were appointed to meet in the Committee
Chamber of this House upon Friday Morning
next.

The Bill for the strengthening of the Grant
made for the maintenance and Government of
the House of the Poor called StBartholomews
Hospital, of the Foundation of King Henry the
Eighth, was read the second time and committed
unto all the Queens Learned Councel being Members of this House, Mr. Doctor Cæsar, Sir Edward
Hobbie, Sir Robert Wroth, Mr. Dr. Bennet and
others, who were appointed to meet upon Saturday next at Lincolns-Inn Hall at two of the
Clock in the Afternoon.

The remainder of this days Passages follows
out of the private Journal.

An Act to suppress the Sin of Adultery was
read the first time; The substance whereof was,
that if a Woman or Man or both were Convicted of Adultery, he should lose his Tenancy
by Courtesie, and she her Tenancy in Dower.

To which Bill Serjeant Harries stood up and
said, Mr. Speaker, by the scope of this Bill, the
determination of this fact must be by two or
three blind Witnesses in the Ecclesiastical Court;
which is no reason, that Judges Ecclesiastical
should determine of Lay-mens Inheritances. Besides, there is another gross fault in the Bill, for
if they be both poor, and have nothing but
Goods, if the man be taken in Adultery, he shall
not be punished, because there is nothing of
which he should be Tenant by the Courtesie;
But if the Woman be taken she is to lose the
third of the Goods, or if it be in the City by
Custom she loseth the half, which is jus inæquale,
and not to be admitted by this House.

Then all the House cryed, Away with it.

And the Speaker putting it to the question
whether it should be read the second time, the
House gave a great No.

On Wednesday the 18th day of November,
Three Bills had each of them one reading; of
which the last being the Bill or Petition of the
Cloth-workers was read the second time and
committed unto the Queens Learned Councel,
Members of this House, the Burgesses for all the
Cloathing Towns, the Knights for the Shires of
Somerset, Wiltshire, Berks, Suffolk, Fssex, Kent,
Surry and Hampshire, MrFrancis Moore, MrBond, the Citizens for York, MrPhillipps, MrBoyce, MrSnigg, Sir Percival Hart, Sir Moyle
Finch, Sir John Harrintgon, Sir John Lewson, Sir
Francis Darcie, Sir Walter Raleigh, MrLieutenant of the Tower, Mr DrCæsar, the Knights
and Citizens for London, Sir Walter Cope, Sir Robert Wroth, the Burgesses for all the Port Towns,
MrHide and Mr. Thomas Cæsar, who were appointed to meet in the Middle-Temple Hall upon
Monday next in the Afternoon at two of the
Clock.

Sir Francis Hastings brought in the Bill against
Swearing from the Committees (who were appointed on Tuesday the 10th day of November
foregoing) and a new Bill drawn to the same
purpose by the said Committee.

The Bill touching repeal of some parts of former Statutes touching Cloth, was read the second time and committed to the last former
Committees for Cloth-workers, to meet at the
same time and place.

Mr. Jones one of the Committees in the Bill
touching common Sollicitors, brought in the
Bill amended with some Additions and Alterations: And MrBoyce likewise brought in the Bill
touching trifling Suits being somewhat amended
by the Committees.

Mr. Francis Moore a Committee in the Bill for
confirmation of Grants made to the Queens Majesty and of Letters Patents made from her Highness to others (who were appointed on Thursday
the 12th day of this Instant November foregoing)
brought in the Bill with two Provisoes and certain Amendments.

The Bill for reformation of many abuses in
making of Cloths, was read the second time
and committed to the last former Committees for
Cloth-workers to meet at the same time and place.

Mr. Bacon one of the Committees in the Bill
touching process and pleadings in the Court of
Exchequer, maketh Report of the travel and
meeting of the Committees; and brought in a
new Bill drawn to the same purpose; upon the
referring whereof he spake as followeth, (out of
the Private Journal.)

Mr. Speaker, This Bill hath been deliberately
and judiciously considered of by the Committees,
before whom Mr. Osborn came, who I assure this
House, did so discreetly demean himself and so
submissively referr'd the State of this whole Office
to the Committees, and so well answered in his
own defence, that they would not ransack the
Heaps or found the bottom of former Offences,
but only have taken away something that was superfluous and needless to the Subject. Touching
the Committees they have reformed part; Yet
they have not so nearly eyed every particular, as
if they would pare to the quick an Office of her
Majesties gift and Patronage. This Bill is both
publick and private; publick because it is to do
good unto the Subject; and private, because it
doth no injustice to the particular Officer. The
Committees herein have not taxed the Officer by
way of imputation, but removed a task by way of
Imposition. I will not tell you what we have
taken away either in quo titulo's or Exchequer
language, but according to the Poet who faith,
Mitte id quod scio, Dic quod rogo; I will omit
that which you have known, and tell you that
you know not and are to know, and that in
familiar terms. And so he told the substance of
the Bill. We found that her Majesty whose eyes
are the Candles of our good days, had made him
an Officer by Patent; in which that he might
have right, her Majesties Learned Councel were
there in Centinel to see that her Majesties right
might not be suppressed. If my memory hath failed
me in delivering of the truth of the proceeding
and the Committees determination, I desire those
that were present to help and assist me. Here is the
Bill. So he called aloud to the Serjeant of the
House and delivered him the Bill to deliver to the
Speaker, which said Bill was read primâ vice.

The Amendments and provisions in the Bill
for confirmation of Grants made to the Queens
Majesty and of Letters Patents made by her
Highness to others, were twice read, and the Bill
Ordered to be ingrossed.

Three Bills had each of them one reading; of
which the third being the Bill against wilful absence from Divine Service upon the Sunday, was
upon the second reading committed unto Sir
Francis Hastings, Sir Robert Wroth and others;
And the Bill and Committees names were delivered to Sir Robert Wroth, who with the rest was
appointed to meet this Afternoon in the Exchequer Chamber at two of the Clock.

The Bill touching Cloths and Cloth-workers
were delivered to Mr. Snigg one of the Committees.

On Thursday the 19th day of November, Nine
Bills had each of them one reading; of which
the last being the Bill for the enabling of Edward Nevill and Sir Henry Nevill Knight his Son
and Heir apparent, &c. was upon the second reading committed unto all the Queens Learned
Councel being of this House, Sir George Moore,
Sir William Wray and others, who were appointed to meet upon Tuesday next in the Court of
Wards at two of the Clock in the Afternoon,
and the Councel of all sides to be there to attend the Committees.

The Committees in the Bill for setting of
Watches (who were appointed on Saturday the
7th of this Instant November foregoing to meet this
day) are deferred till Tuesday next in the Court
of Wards.

Upon Motion made unto this House, It is declared, that one Roger Buston Servant, a Sollicitor
unto ........ Langton Esq; Baron of Walton
in the County of Lancaster, who upon credible
Report of some Members of this House, is Chosen
a Burgess for the Borough of Newton in the said
County of Lancaster, but not as yet returned by
the Clerk of the Crown into this House, hath
been Arrested in London during this Session in
an Action of Debt, at the Suit and procurement
of one ...... Muscle, the same Muscle knowing the said Roger Buston to belong to the said
Baron of Walton; which said Muscle was by Order of this House sent for by the Serjeant of this
House, together with the Officer who made the
Arrest, to Answer unto this House for their said
Contempts. And being brought to the Bar and
Charged by Mr. Speaker with their said offence
in the name of this whole House, were heard
what they could say for their defence. And after
sundry questions Ordered that the said Roger
Buston should have the Priviledge of this House
and be discharged of his said Arrest and Imprisonment: And likewise Ordered that the said
Muscle the Procurer, and the Officer that made
the said Arrest, should be both committed Prisoners to the Serjeants Custody for three dayes,
and pay such charges as shall be Assessed by Mr
Speaker unto the said Buston, besides the Fees of
the Serjeant and Clerk.

The Bill for Confirmation of Grants made to
her Majesty; and of Letters Patents made by
her Majesty; to others was read the third time and
passed upon the question.

Now follow some Passages of this day out of
the said private Journal.

Secretary Herbert said, According to your
Commandment, Sir Edward Stafford and my self
went to the Lord Keeper, and delivered unto
him, that notwithstanding some Allegations
which were alledged on the behalf of his Lordship, our Resolutions touching the Warrants, upon mature deliberation, and upon search of Precedents were, that they ought to go and be directed to the Clerk of the Crown from the
Speaker. His Lordship after a small pause Answered, That he now considered the weightiness
of divers businesses which were in hand, the Consultation which we were likely to have presently
touching the Bill of Subsidy; that the Enemy
the Spaniard was landed in Ireland and the business of those affairs of great import, as also his
own business in the Upper House, and the short
end which was likely to be of this Parliament;
And therefore he would not now stand to make
contention, or shew his further reasons; but
prayed to certifie you all, that he would be most
ready and most willing to perform the desire of
this House.

The Bill of Petite Thests and Larcenies, and
the Bill for Confirmation of Grants made to her
Majesty and of Letters Patents made from her
Majesty to others were sent up to the Lords by
Sir John Fortescue, Mr. Secretary Herbert and
others.

The Bill to restrain transportation of money
out of the Realm of England and to reform certain abuses in Exchanges was read the second
time.

MrFettiplace, a Burgess for London, spake to
this Bill, and said, it is to be thought that the
Netherlands having so much use for money, is
the Exporter thereof out of this Realm. The
French King made it a Law that no man upon
pain of Death should export money thence. Germany holdeth the Standard, so doth France, so
do we; but the Netherlander only doth not, and
he only gaineth of all three. There be good Statutes already made to this purpose both in the
time of king Rich. II. Hen. III. Hen. IV. Hen. V.
and Hen. VI. that no Strangers should bring Commodities into this Land, but he should bring so
much money. He made a very long Speech touching the manner of Trade by Exchange in Merchants Language, &c. and concluded with desire of Commitment, and that the Merchants
might be called. And thereupon it was committed to divers of the Committees who were appointed to meet this day Seven-night at two of
the Clock in the Afternoon in the Exchequer
Chamber.

The Bill or Petition of Theophilus Adams was
read the first time.

On Friday the 20th day of November, Seven
Bills of no great moment had each of them one
reading; of which the first being the Bill touching the Lordship of Landoflowre aliàs Landovorowre, and the last being the Bill prohibiting
Fairs and Markets, had each of them their first
reading.

Sir Francis Darcy maketh Report of the meeting and travel of the Committees in the Bill
touching the coming to Church, and brought in
the Bill with two Provisoes and some Amendments.

The same Amendments being twice read, the
Bill upon the question and division of the House
was dashed, viz. with the Yea a hundred thirty
seven, and with the No a hundred and forty.

One MrWilliam Morrice Burgess for Benmaries
informed the House that as he was coming up to
London on his way his Man was Arrested at
Shrewsbury; whereupon he told the Serjeant
that he was of the Parliament-House, and therefore wished him to discharge his Servant. The
Serjeant Answered, that he could not discharge
him, but said, that he would go to the Bayliff
with him; to whom when he came, he likewise
declared that he was of the Parliament House,
and therefore required his Servant. To whom
the Bayliff Answered, that he could not discharge
him without the consent of the Party that procured the Arrest; To whom he also went, and
he Answered the Serjeant and him saying; Keep
him fast, I will not release him till I be satisfied.
Then he told the Creditor, that he was of the
Parliament-House, and therefore his Servant was
Priviledged. Whereunto the Creditor made
this Answer, I care not for that, keep him fast,
I will be your Warrant. I thought good to
move the House herein, referring it to your
considerations. And because I am willing that
the Priviledges of this House may be known as
well far off as here at hand, I thought good to
move the same.

MrFrancis Moore said, Mr Speaker, Methinks
this Action is very scandalous to this whole
House. And because it is a Case both extraordinary and contemptible, in my opinion it deserveth a most severe and exemplary punishment.

Whereupon all the House cryed, To the
Tower, to the Tower with them, send for them,
send for them.

Mr Speaker said, It is your Pleasure, the Bayliffs and he that procured the Arrest and the Serjeant shall be sent for. All cryed Yea. Then the
Speaker said, The Serjeant must go down to
Shrewsbury; all cryed Yea.

The Speaker gave the Clerk a Bill to read, and
the House called for the Exchequer Bill; some
said Yea, some said No, and a great Noise there
was: At last MrLawrence Hide said, Mr Speaker,
to end this Controversie, because the time is very
short, I would move the House to have a very
short Bill read Intituled An Act for the Explanation of the Common Law in certain Cases of
Letters Patents. All the House cried I, I, I.

So after it was read, the question was to be
propounded for the committing of it, and some
cryed commit it, some ingross it; at length

MrSpicer Burgess of Warwick stood up and
said, Mr Speaker, This Assembly may be said to
be libera mens & libera lingua, therefore freely
and faithfully, that which I know I will speak to
this House. This Bill may touch the Prerogative
Royal, which as I learned the last Parliament is
so transcendent, that the ......... of the Subject may not aspire thereunto. Far be it therefore from me that the State and Prerogative
Royal of the Prince should be tied by me or by
the Act of any other Subject. First, Let us consider of the word Monopolie what it is, Monos is
Unus, and Polis is Civitas; so then the meaning
of the word is, a restraint of any thing publick
in a City or Common-Wealth to a private use,
and the User called a Monopolitan, quasi cujus
privatum lucrum est urbis & Orbis commune malum.
And we may well term this man the Whirlpool of
the Princes profit. Every man hath three special
Friends, his Goods, his Kinsfolks and his good
Name; these men may have the two first, but
not the last. They are Insidiosa quia dulcia, they
are dolosa quia dubia. I speak not, Mr Speaker,
neither repining at her Majesties Prerogative, or
misliking the reasons of her Grants; but out of
grief of heart, to see the Town wherein I serve
pester'd and continually vext by the Substitutes
and Vicegerents of these Monopolitans, who are
ever ill-disposed and affected Members. I beseech
you give me leave to prove this unto you by
this Argument. Whosoever transgresseth the
Royal Commission of her Majesty being granted
upon good and Warrantable Suggestions, and
also abuseth the Authority and Warrant of her
Majesties Privy-Council being granted unto him
for the more favourable Execution of his Patent;
this man is an evil-disposed and dangerous Subject. But that this is true and hath been done by
one Person, a Substitute of a Patentee, I will
prove unto you. The Major needs not be proved; the Minor I will thus prove. My self am
Oculatus testis of this Minor, Et talis testis plus
valet existens unus quàm auriti decem. The Substitutes for Aquavitæ and vinegar came not long
since to the Town where I serve, and presently
stayed sale of both these Commodities; unless
the Sellers would compound with them, they
must presently to the Council-Table. My self
though ignorant, yet not so unskilful, by reason
of my profession, but that I could judge whether their proceedings were according to their
Authority, viewed their Patent, and found they
exceeded in three points: for where the Patent
gives Months liberty to the Subject that
hath any Aquavitæ to sell the same, this Person
comes down within two Months and takes Bond
of them to his own use, where he ought to bring
them before a Justice of Peace, and they there to
be bound in Recognizance, and after to be returned
into the Exchequer; and so by Usurpation retaineth Power in his own hands to kill or save.
Thus her Majesties Commission being transgressed, as a sworn Servant to her Majesty, I hold
my self bound to certifie the House thereof; and
also that this Substitute stands Indicted as an obstinate Recusant: Yea when her Majesties name
hath been spoken of and her self prayed for, he
hath refused to stir Hat or Lip. My humble Motion therefore is, that we might use some caution
or circumspective care to prevent this ensuing
mischief.

MrFrancis Bacon. said, the Gentleman that
spake last coasted so for and against the Bill, that
for my own part not well hearing him, I did not
perfectly understand him. I confess the Bill as it
is, is in few words, but yet ponderous and
weighty. For the Prerogative Royal of the
Prince, for my own part I ever allowed of it,
and it is such as I hope shall never be discuss'd.
The Queen as she is our Sovereign, hath both
an enlarging and restraining Power. For by her
Prerogative she may first set at liberty things restrained by Statute Law or otherwise; and secondly, by her Prerogative she may restrain
things which be at liberty. For the first, she may
grant non obstante contrary to the penal Laws,
which truly according to my own Conscience
(and so struck himself on the Breast) are as hateful to the Subject as Monopolies. For the second,
if any man out of his own Wit, industry or indeavour finds out any thing beneficial for the
Common-Wealth, or bring in any new Invention, which every Subject of this Kingdom may
use; yet in regard of his pains and travel therein,
her Majesty perhaps is pleased to grant him a Priviledge to use the same only by himself or his
Deputies for a certain time. This is one kind of
Monopoly. Sometimes there is a glut of things
when they be in excessive quantity, as perhaps
of Corn, and her Majesty gives Licence of transportation to one Man; this is another kind of
Monopoly. Sometimes there is a scarcity or a
small quantity, and the like is granted also. These
and divers of this nature have been in Tryal both
at the Common. Pleas upon Actions of Trespass,
where if the Judges do find the Priviledge good,
and beneficial to the Common-Wealth, they then
will allow it; otherwise disallow it: And also
I know that her Majesty her self hath given Commandment to her Attorney General to bring divers of them since the last Parliament to Tryal in
the Exchequer, since which time at least fifteen
or sixteen to my knowledge have been repealed,
some by her Majesties own express Commandment upon Complaint made unto her by Petition,
and some by Quo Warranto in the Exchequer.
But Mr Speaker, said he (pointing to the Bill)
this is no Stranger in this place, but a Stranger
in this Vestment; the use hath been ever to humble our selves unto her Majesty, and by Petition
desire to have our grievances remedied, especially when the remedy toucheth her so nigh in
point of Prerogative. All cannot be done at
once, neither was it possible since the last Parliament to repeal all. If her Majesty make a Patent (or (as we term it) a Monopoly) unto
any of her Servants, that must go, and we cry
out of it; but if she grant it to a number of Burgesses or a Corporation, that must stand, and that
forsooth is no Monopoly. I say and I say again,
that we ought not to deal, to judge or meddle
with her Majesties Prerogative. I wish every
man therefore to be careful in this business; And
humbly pray this House to testifie with me,
that I have discharged my duty in respect of my
place in speaking on her Majesties behalf; And
protest I have delivered my Conscience in saying
that which I have said.

DrBennet said, He that will go about to debate her Majesties Prerogative Royal, had need
walk warily. In respect of a grievance out of
the City for which I come, I think my self bound
to speak that now which I had not intended to
speak before; I mean a Monopoly of Salt. It is
an old Proverb Sal sapit omnia; Fire and Water are not more necessary. But for other Monopolies of Cards, (at which word Sir Walter
Raleigh blusht) Dice, Starch and the like, they
are (because Monopolies) I must confess very
hurtful, though not all alike hurtful. I know
there is a great difference in them; And I think
if the abuses in this Monopoly of Salt were particularized, this would walk in the fore rank.
Now seeing we are come to the means of redress,
let us see that it be so mannerly and handsomely
handled, that after a Commitment it may have
good passage.

MrLawrence Hide, I confess, Mr Speaker, that
I owe duty to God, and Loyalty to my Prince.
And for the Bill it self I made it, and I think I
understand it; And far be it from this heart of
mine to think, this tongue to speak, or this hand
to write any thing, either in prejudice or derogation of her Majesties Prerogative Royal and
the State. But because you shall know that this
course is no new Invention, but long since digested in the Age of our Fore-fathers above three
hundred Years ago, I will offer to your considerations one Precedent 10 Ed. 3. At what time
one John Peach was Arraigned at this Bar in Parliament, for that he had obtained of the King a
Monopoly for Sweet Wines. The Patent after
great advice and dispute adjudged void, and
before his face in open Parliament Cancelled,
because he had exacted three shillings and four
pence for every Tun of Wine; himself adjudged
to Prison until he had made restitution of all
that ever he had recovered, and not to be delivered till after a Fine of five hundred pounds
paid to the King. This is a Precedent worthy of
observation, but I dare not presume to say worthy the following. And Mr Speaker, as I think
it is no derogation to the Omnipotence of God
to say he can do all but evil; So I think it is no
derogation to the Majesty or Person of the
Queen to say the like in some proportion. Yet
Mr Speaker, because two Eyes may see more than
one, I humbly pray that there might be a Commitment had of this Bill, left something may be
therein which may prove the bane and overthrow thereof at the time of the passing.

Mr Speaker, quoth Serjeant Harris, for ought
I see, the House moveth to have this Bill in the
nature of a Petition; It must then begin with
more humiliation: And truly Sir, the Bill is
good of it self, but the penning of it is somewhat
out of course.

MrMountague said, The matter is good and
honest, and I like this manner of proceeding by
Bill well enough in this matter. The grievances
are great, and I would note only unto you thus
much, that the last Parliament we proceeded
by way of Petition which had no successful
effect.

MrFrancis Moore said, Mr Speaker, I know
the Queens Prerogative is a thing curious to be
dealt withal, yet all grievances are not comparable. I cannot utter with my tongue or conceive
with my heart the great grievances that the Town
and Country for which I serve, suffereth by some
of these Monopolies; It bringeth the general profit into a private hand, and the end of all is Beggery and Bondage to the Subjects. We have a
Law for the true and faithful currying of Leather; There is a Patent sets all at liberty, notwithstanding that Statute. And to what purpose
is it to do any thing by Act of Parliament, when
the Queen will undo the same by her Prerogative? Out of the spirit of humiliation, Mr Speaker, I do speak it, there is no Act of hers that
hath been or is more derogatory to her own Majesty, more odious to the Subject, more dangerous to the Common-Wealth than the granting of these Monopolies.

MrMartin said, I do Speak for a Town that
grieves and pines, for a Countrey that groaneth
and languisheth under the burthen of monstrous
and unconscionable Substitutes to the Monopolitans of Starch, Tinn, Fish, Cloth, Oyl, Vinegar, Salt, and I know not what, nay what
not? The principallest commodities both of my
Town and Country are ingrossed into the hand of
those blood-suckers of the Common-Wealth.
If a body, Mr Speaker, being let blood, be left
still languishing without any remedy, how can
the good estate of that body long remain? Such
is the State of my Town and Country, the Traffick is taken away, the inward and private
Commodities are taken away, and dare not be
used without the Licence of these Monopolitans.
If these blood-suckers be still let alone to suck
up the best and principallest commodities which
the earth there hath given us, what shall become
of us, from whom the fruits of our own Soil
and the commodities of our own labour, which
with the sweat of our brows even up to the
knees in Mire and Dirt, we have laboured for,
shall be taken by Warrant of Supream Authority, which the poor Subjects dare not gainsay?

MrGeorge Moore said, I make no question but
that this Bill offereth good matter; And I do
wish that the matter may in some sort be prosecuted, and the Bill rejected. Many grievances
have been laid open touching the Monopolies of
Salt; but if we add thereunto peter, then we
had hit the grief aright; with which my Country is perplexed. There be three persons her
Majesty, the Patentee and the Subject; her Majesty the head, the Patentee the hand, and the
Subject the foot. Now here's our Case, the head
gives power to the hands, the hand oppresseth
the foot, the foot riseth against the head. We
know the power of her Majesty cannot be restrained by any Act, why therefore should we
thus talk? Admit we should make this Statute
with a Non obstante, yet the Queen may grant
a Patent with a Non obstante, to cross this Non
obstante, I think therefore it agreeth more with
the gravity and wisdom of this House to proceed
with all humbleness by Petition than Bill.

MrWingfield said, I would but put the House
in mind of the proceeding we had in this matter
the last Parliament, in the end whereof our
Speaker moved her Majesty by way of Petition,
that the griefs touching these Monopolies might
be respected, and the grievances coming of them
might be redressed. Her Majesty answered by
the Lord Keeper, that she would take care of
these Monopolies and our griess should be
redressed; if not, she would give us free liberty to proceed in making a Law the next Parliament. The grief, Mr Speaker, is still bleeding,
and we green under the sore, and are still without remedy. It was my hap the last Parliament to encounter with the word Prerogative;
but as then, so now I do it with all humility, and
wish all happiness both unto it and to her Majesty. I am indifferent touching our proceeding either by Bill or Petition, so that therein
our grievances may follow, whereby her Majesty may specially understand them.

Sir Walter Raleigh said, I am urged to speak
in two respects; the one because I find my self
touched in particular; the other, in that I take
some imputation of slander to be offered unto
her Majesty, I mean by the Gentleman that first
mentioned Tinn (which was Mr. Martin) for that
being one of the principal commodities of this
Kingdom, and being in Cornwall, it hath ever,
so long as there were any, belonged to the Dukes
of Cornwall, and they had special Patents of Priviledge. It pleased her Majesty freely to bestow
upon me that priviledge; And that Patent being word for word, the very same the Duke's is,
and because by reason of mine Office of Lord
Warden of the Stannary, I can sufficiently inform
this House of the State thereof; I will make bold
to deliver it unto you. When the Tinn is taken
out of the Mine, and melted and refined, then
is every piece containing one hundred weight
sealed with the Duke's Seal. Now I will tell
you, that before the granting of my Patent,
whether Tinn were but of seventeen shillings
and so upward to fifty shillings a hundred, yet
the Poor Workmen never had above two shillings the week, finding themselves: But since
my Patent, whosoever will work, may; and
buy Tinn at what price soever, they have four
shillings a week truly paid. There is no Poor
that will work there, but may, and have that
wages. Notwithstanding, if all others may be
repealed, I will give my consent as freely to the
cancelling of this, as any Member of this House.

Sir Francis Hastings said, It is a special honour
to this Assembly to give freedom of speech to
all; And howsoever some have been heretofore
troubled, yet I joy to see so great reformation,
that we may speak quietly and be heard peaceably. Every man hath not like sence or judgment, neither is every mans memory alike: I
wish that if any Gentleman that speaks of this
or any other subject as injurious, shall let fall any
word amiss or unpleasing, that it may be attributed rather to hastiness than want of duty.
This Speech proceeded in respect of Sir Walter
Raleighs Speech, as also of the great silence after it.

MrSnigg wisht a Committee to devise a
course.

Sir Robert Wroth wisht a Committee, in which
a course might be devised how her Majesty might
know our griefs.

MrDowland said, As I would be no lett or
over vehement in any thing, so I am not sottish
or senseless of the common grievance of the
Common-Wealth. If we proceed by way of Petition, we can have no more gracious Answer
than we had the last Parliament to our Petitions.
But since that Parliament we have no reformation; And the reason why I think no reformation hath been had, is because I never heard the
cry against Monopolies greater and more vehement.

MrJohnson said, Mr Speaker, I'le be very
short and say only thus much, I would we were
all so happy, that her gracious self had heard
but the fifth part of that, that every one of us
hath heard this day; I think verily in my Soul
and Conscience we should not be more desirous
in having those Monopolies called in, than she
would be earnest therein her self.

The Bill aforesaid for Explanation of the
Common Law touching Letters Patents was after
the foregoing several long Arguments Ordered
upon the question to be committed unto all the
Privy Council and Learned Councel of this
House, Sir Walter Raleigh, Sir Francis Hastings,
Sir Edward Stafford, Sir Edward Hobbie, Sir
George Moore, Sir Robert Wroth and others; And
the Bill and Committees names were delivered
to Sir Francis Hastings, who with the rest was
appointed to meet to Morrow in this House at
two of the Clock in the Afternoon.

On Saturday the 21th day of November, Six
Bills had each of them one reading; of which
the first being the Bill for levying of Fines with
Proclamations of Lands within the County of
the City of Chester, and the second to reform
the abuse of Tainters, had each of them their
first reading.

MrFrancis Moore made Report of the meeting of the Committees of the Bill touching Sir
Edward Seymour, (who were appointed on
Tuesday the 17th day of this instant November
foregoing) shewed the Amendments in the same,
and brought in the Bill.

Thus far out of the Original Journal-Book of
the House of Commons: Now follows one passage of this day touching the Priviledge of the
House out of the often before-cited private Journal of the said House.

Sir Edward Hobbie said, A Gentleman a good
Member of this House, (Sir John Gray) was served with a Subpæna in the Chancery adrespondendum the 30th of November ad sectam Roberti
Atkins; if no Order be taken herein, for my
own part I think both the House and the Priviledges thereof will grow in contempt. I wish
the Serjeant may be sent for and the Party,
and that some exemplary punishment may be
shewed.

MrDoyley said, Mr Speaker, we spend much
time which is precious, in disputing of Priviledges and other matters of small importance;
for my own part I think fit no time should be
spent herein, but that a Writ of Priviledge may
be granted.

MrJohnson said, Mr Speaker, our own lenity
is the cause of this contempt, and till some special punishment be shewed, I think it will not
be otherwise.

Thus far out of the aforesaid private Journal:
Now follows the residue of the Passages of this
Forenoon out of the Original Journal-Book it
self.

The Bill against Taintering of Woollen Cloths
was read the second time and committed unto
the former Committees in the Bill for Cloths and
Clothworkers, and Ordered that Merchants and
Drapers do attend the Committees and be heard
therein as appertains; And Sir Edward Stafford,
MrFulk Grevill and MrBarkley were added to
the former Committees.

The Amendments in the Bill touching Sir Edward Seymour Knight Deceased, and Edward
Seymour Esq; were twice read and Ordered with
the Bill to be ingrossed.

The Bill for the making of an Haven or Key
on the North part of Severn was read the second time, and committed unto the Knights and
Burgesses for the Counties of Devon, Cornwall,
Somerset and South-Wales, all the Queens Learned
Councel, the Barons of the Cinque Ports and
others, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of
the Clock in the Afternoon.

The Bill for the Assurance of the Jointure of
Lucie Countess of Bedford was read the second
time, and committed unto all the Queens Learned
Councel being Members of this House, Sir Francis Hastings, Sir Edward Hobbie and others, who
were appointed to meet on Wednesday next in
the Middle-Temple Hall at two of the Clock in
the Afternoon.

The Bill for the better observation of certain
Orders in the Exchequer set down and established by vertue of her Majesties Privy Seal, was
read the second time, and committed unto the
former Committees in the first Bill, and unto all
the Privy Council and Learned Councel of her
Majesty being Members of this House, Masters
Attornies of the Dutchy and Court of Wards, MrFrancis Bacon, MrFrancis Moore, Mr Serjeant Harris and others, who were appointed to meet upon
Monday next in the House at two of the Clock
in the Afternoon, after a question first had, whether it should be fitten upon in Committee this
Afternoon; and was upon the division of the
House upon the difference of forty six persons,
(viz. with the Yea for this day ninety five, and
with the No for Monday a hundred sixty one)
Ordered to be sitten in Committee on Monday
next as aforesaid.

Thus far out of the Original Journal-Book of
the House of Commons; the residue which fell
out in the Afternoon at the Committee for Monopolies or Patents of Priviledge, whose names
see before on Yesterday foregoing, is supplied
out of the private Journal.

Sir Edward Hobbie informed the House of the
great abuse of the Patentee for Salt in his Country, That betwixt Michaelmas and StAndrews
Tide, where Salt (before the Patent) was wont
to be sold for sixteen pence a Bushel, it is now
sold for fourteen or fifteen shillings a Bushel;
But after the Lord President had understanding
thereof, he committed the Patentee, and caused
it to be sold for sixteen pence as before. This
Patent was granted to Sir Thomas Wilkes, and
after to one Smith. To Lyme there is brought
every Year above three thousand Wey of Salt,
and every Wey of Salt is since the Patent enhaunced to twenty shillings, and where the
Bushel was wont to be eight pence, it is now sixteen pence. And I dare bodly say it, if this
Patent were called in, there might well three
thousand pound a year be saved in the Ports of
Lyme, Boston and Hull. I speak of white Salt.

MrFrancis Bacon said, The Bill is very injurious and ridiculous; injurious, in that it taketh
or rather sweepeth away her Majesties Prerogative; and ridiculous, in that there is a Proviso,
that this Statute shall not extend to Grants made
to Corporations: that is a Gull to sweeten the
Bill withal, it is only to make Fools fain. All
men of the Law know, that a Bill which is only
expository, to expound the Common Law, doth
enact nothing; neither is any promise of good
therein. And therefore the Proviso in the Statute
of 34 Hen. 8. of Wills, (which is but a Statute
expository of the Statute of 32 Hen. 8. of Wills)
touching Sir John Gainsfords Will, was adjudged
void. Therefore I think the Bill very unfit, and
our Proceedings to be by Petition.

Mr Sollicitor Flemming said, I will briefly
give account of all things touching these Monopolies. Her Majesty in her Provident Care gave
Charge unto Mr Attorney and my Self, that
speedy and special Order may be taken for these
Patents; this was in the beginning of Hillary
Term last: but you all know the danger of that
time, and what great affairs of importance happened to prevent these businesses; and since that
time nothing could be done for want of leisure.

Sir Robert Wroth said, I would but note, Mr
Sollicitor, that you were charged to take Order
in Hillary Term last; why not before? there
was time enough ever since the last Parliament.
I speak it and I speak it boldly, these Patentees
are worse than ever they were: And I have heard
a Gentleman affirm in this House, that there is a
Clause of Revocation in these Patents; if so,
what needed this stir of Scire facias, Quo Warranto and I know not what, when it is but only
to send for the Patentees, and cause a redelivery?
There have been divers Patents granted since
the last Parliament; these are now in being viz.
The Patents for Currants, Iron, Powder, Cards,
Ox-shin Bones, Train Oyl, Transportaition of
Leather, Lists of Cloth, Ashes, Anniseeds, Vinegar, Sea-Coals, Steel, Aquavitæ, Brushes, Pots,
Salt-Peter, Lead, Accidences, Oyl, Calamint
Stone, Oyl of Blubber, Fumathoes or dryed
Piltchers in the Smoak and divers others.

Upon the reading of the Patents aforesaid
MrHackwell of Lincolns-Inn stood up and asked
thus; Is not Bread there? Bread quoth one,
Bread quoth another; this Voice seems strange
quoth another; this Voice seems strange quoth
a third: No quoth MrHackwell, if Order be
not taken for these, Bread will be there before
the next Parliament.

MrHeyward Townesend of Lincoln's-Inn said;
I seeing the disagreement of the Committee, and
that they would agree upon nothing, made a
Motion to this effect; first to put them in mind
of a Petition made the last Parliament, which
though it took no effect, yet we should much
wrong her Majesty and forget our selves, if we
should think to speed no better now in the like
Case; because then there was a Commitment for
this purpose, and the Committees drew a Speech
which was delivered by the Speaker word for
word at the end of the Parliament, but now we
might help that by sending our Speaker presently
after such a Committee and Speech made, with
humble Suit not only to repeal all Monopolies
grievous to the Subject, but also that it would
please her Majesty to give us leave to make an
Act that they might be of no more force, validity or effect than they are at the Common Law
without the strength of her Prerogative. Which
though we might now do, and the Act being so
reasonable we might assure our selves her Majesty
would not delay the passing thereof, yet we her
loving Subjects, &c. would not offer without
her privity or consent (the Cause so nearly touching her Prerogative) or go about to do any such
Act. And also that at the Committee which
should make this Speech, every Member of this
House which either found himself, his Town or
Country grieved, might put in (in fair writing)
such Exceptions against Monopolies, as he would
justifie to be true; And that the Speaker might
deliver them with his own hands, because many
obstacles and hindrances might happen.

MrFrancis Bacon after a long Speech concluded thus in the end. Why, you have the readiest
course that possibly can be devised, I would with
no further Order be taken, but to prefer the
wise and discreet Speech made by the Young
Gentleman (even the Youngest in this Assembly)
that last spake. I will tell you, that even ex ore
Infantium & lactantium, the true and most certain course is propounded unto us. So the House
as it should seem agreed thereunto, and appointed to meet on Monday next post Meridiem, at
which time all the aforesaid matters past.

On Monday the 23th day of November, Three
Bills had each of them one reading; of which the
first being the Bill for Confirmation of the Grant
of the Hospitals of Christ, Bridewell and StThomas
the Apostle was read the second time, and committed to the former Committees (who were
appointed on Tuesday the 17th day of this instant
November foregoing) and Sir George Moore, MrPaule, MrEdward Moore and MrBarnham were
added to the former Committees, who were appointed to meet upon Wednesday next in the Exchequer Chamber at two of the Clock in the Afternoon.

MrSymnell one of the Committees in the Bill
touching Mr. Markham, shewed the mind of the
Committees to be, and also delivered sundry
reasons, that it is a Bill fit to rest and not to be
any further dealt in by this House.

The Bill that Sir Anthony Mayney Knight, and
Anthony Mayney his Son may be enabled to dispose of his Lands, &c. was upon the second reading committed unto Sir Robert Wroth, Sir Edward Hobbie, Sir George Moore, Sir William Wray,
Sir Moyle Finch, Sir Michaell Sandes, and others,
who were appointed to meet to Morrow in the
Afternoon in the Middle-Temple Hall at two of
the Clock.

The Bill to reform the abuse of Taintering
Cloth was read the second time, and upon the
question Ordered not to be committed, and upon another question rejected.

The Bill of Monopolies was read, to which MrSpicer spake and said, Mr Speaker, I think it
were good this Bill were committed; I am no
Apostate, but I stick to the former faith and opinion that I was of, that by way of Petition will
be our safest course; for it is to no purpose to
offer to tie her hands by Act of Parliament, when
she may loosen her self at her pleasure. I think
it were a Course nec gratum, nec tutum. And
therefore the best way is to have a Committee
to consider what course shall be proceeded in;
for I doubt not but we be all agreed of the reformation, though not of the manner.

MrDavies said, God hath given that power
to absolute Princes which he attributeth to himself, Dixi quod Dii estis. And as Attributes unto them he hath given Majesty, Justice and Mercy; Majesty, in respect of the Honour that the
Subject sheweth to his Prince; Justice, in respect
he can do no wrong, therefore the Law is 1 Hen.
7. that the King cannot commit a disseizin; Mercy, in respect he giveth leave to Subjects to right
themselves by Law: And therefore in 43 Assis.
an Indictment was brought against Bakers and
Brewers, for that by colour of Licence they had
broken the Assize; wherefore according to that
Precedent I think it most fit to proceed by Bill
not by Petition.

Mr. Secretary Cecill said, If there had not been
some mistaking or some confusion in the Committee, I would not now have spoken. The
question was of the most convenient way to reform these grievances of Monopoly: But after disputation, of the labour we have not received the expected fruit. If every man shall
take leave to speak for the common Subject, I
am afraid in these vast powers of our mind, we
shall dispute the project and reformation quite
out of doors. This dispute draws two great
things in question; First the Princes power;
Secondly the freedom of Englishmen. I am born
an Englishman and am a Fellow-Member of this
House; I would desire to live no day, in which
I should detract from either. I am servant unto
the Queen, and before I would speak or give
consent to a Case that should debase her Prerogative or abridge it, I would wish my tongue cut
out of my head. I am sure there were Law-makers
before there were Laws. One Gentleman went
about to possess us, with the Execution of the
Law in an Antient Record of 5° or 7° Edwardi
3. Likely enough to be true in that time, when
the King was afraid of the Subject. Though this
Precedent be a substance, yet it is not the whole
substance of the Parliament. For in formet times,
all sate together as well King as Subject, and then
it was no prejudice to his Prerogative to have
such a Monopoly examined. If you stand upon Law and dispute of the Prerogative, heark
ye what Bracton faith, Prærogativam Nostram
nemo audeat disputare. And for my own part I
like not these courses should be taken. And
you Mr Speaker, should perform the charge her
Majesty gave unto you in the beginning of this
Parliament, not to receive Bills of this nature;
for her Majesties ears be open to all grievances,
and her hand stretcht out to every mans Petitions. For the matter of access I like it well, so
it be first moved and the way prepared. I had
rather all the Patents were destroyed than her
Majesty should lose the hearts of so many Subjects as is pretended. I will tell you what I think
of these Monopolies: I take them to be of three
natures, some of a free nature and good, some
void of themselves, some both good and void.
For the first, when the Prince dispenses with a
penal Law that is left to the alteration of Sovereignty, I think it powerful and irrevocable.
For the second, as to grant that which taketh
from the Subject his Birthright, such men as desire
these kind of Patents, I account them misdoers
and wilful and wicked offenders. Of the third
sort is the Licence for the matter of Cards, &c.
And therefore I think it were fit to have a new
Commitment to consider what her Majesty may
grant, what not; what course we shall take, and
upon what points.

Mr Doctor Stanhop and DrHone were sent
from the Lords with a Bill intituled, An Act for
the Uniting of Eye and Dunsden to the Mannor
of Sunning.

MrMountague said, I am loth to speak what I
know, left perhaps I should displease. The Prerogative Royal is that which is now in question,
and which the Laws of the Land have ever allowed
and maintained. Then my motion shall be but
this, That we may be Suitors unto her Majesty,
that the Patentees shall have no other remedies
than by the Laws of the Realm they may have,
and that our Act may be accordingly.

MrMartin said, I think the Common grievance
and the Queens Prerogative have inspired this
Gentleman that last spake (whom for reverence
sake I must needs name, MrMountague) to make
that motion which he hath done. And because
the House seems greatly to applaud it, may it
please you Mr Speaker, to put it to the question,
whether that shall be determined of at the Committee. Now the Committees were, all the Privy
Council being Members of this House, and the
Queens Learned Councel Members like wife of this
House, all the Knights of the Shires, Sir George
Moore, Mr DrBennet, MrHide, MrWinch, Sir
Charles Cavendish, Sir Percival Hart, MrThinn, Mr.
Downhalt, Mr. Martin and divers others, together with the Knights and Citizens for London,
the Barons of the Ports, Mr Lieutenant of the
Tower and Mr Doctor Cæsar, who were appointed to meet this Afternoon in this House at two
of the Clock, to have Conference and to agree
upon some course to be taken touching Patents
of Priviledges, and to report unto this House of
their resolutions therein accordingly.

The Bill against Pluralities of Benefices had
its first reading.

All the Bills committed touching Cloths are
appointed to be dealt in to Morrow in the Afternoon in the Middle-Temple Hall.

MrMoore brought in a Bill drawn by the
Committees in the Bill for the repealing and
continuance of the Statutes (whose names see on
Thursday the 5th day of this instant November
foregoing.

Thus far of this dayes Passages out of the
Original Journal-Book of the House of Commons.

Post Meridiem.

The Committees for the great business of Monopolies and Patents of Priviledge being met,
there was shewed amongst them a Note or Catalogue of divers of them, and to whom they
were granted, which was as followeth, only altered in some places for Order sake.

To Sir Henry Nevill the Patent for Ordnance.

To Sir Jerom Bowes the Patent for Glasses.

To Simon Furner the Patent for Lists, Shreds
and Horns to be transported.

To Sir Henry Noell the Patent for Stone Pots
and Bottles.

To Brian Anusley the Patent for Steel.

To Eliz. Matthewes the Patent for Oyl of
Blubbers.

To Richard Drake a Patent for Aqua composita
& Aquavitæ.

To Michaell Stanhop a Patent for Spanish
Woolls.

To Thomas Cornwallis the Licence to keep unlawful Games.

To William Carr a Patent for Brewing of Beer
to be transported.

To John Spillman a Patent to make Paper.

To Edward Darcie a Patent for Cards.

To Sir John Packington a Patent for Starch.

To Sir Walter Raleigh a Patent for Tin.

To William Wade Esq; the making of Sulphur,
Brimston and Oyl.

To James Chambers a Licence for Tanning.

To William Watkins and James Roberts a Licence to Print Almanacks.

To Richard Welsh to Print the History of Cornelius and Tacitus.

To John Norden to Print Speculum Britanniæ.

To certain Merchants to Traffick.

To William Allin to sow six hundred Acres of
ground with Oade.

To MrHeyle to provide Steel beyond the
Seas.

To MrRobert Alexander for Anniseeds.

To Edward Darcie a Patent for Steel.

To Valentine Harris to sow six hundred Acres
with Oade.

To Sir Henry Singer touching the Printing of
School-Books.

To Arthur Bassany a Licence to transport six
thousand Calf-Skins.

To Thomas Morley to Print Songs in three
parts.

To Sir John Packington for Starch and Ashes.

To Thomas Wight and Bonnam Norton to Print
Law-Books; and divers others of no great moment touching the transportation of Iron and
Tin, the sowing of Hemp and Flax, the gashing
of Hydes, the forfeiture of Grigg Mills, the making of Mathematical Instruments, the making
of Saltpeter, the Printing of the Psalms of David, and touching Fishers, Pouldavies and certain Forfeitures.

These Monopolies were most of them shewed
to the Committees by Secretary Cecill, and to
have been granted since the sixteenth year of the
Queens Majesties Reign; for in the seventeenth
year of her Reign, he shewed that a Patent was
first granted to Robert Sharp to make Spangles
and Oes of Gold; And then in the eighteenth
year of her Majesty a Patent was granted to Sir
Edward Dyer to pardon, dispense and reserve
all Forfeitures and abuses committed by Tanners
contrary to the Statute. And that the greatest
part of the before-mentioned Patents of Priviledge
or Monopolies had been granted since. Whereupon after MrDavies had moved to have these
Monopolies proceeded against by Bill, and MrMartin had moved to have them rather dealt in
by Petition to her Majesty, and that the House
had heard the particular relation of the said Monopolies, there was nothing done or concluded
upon, but a meeting appointed on Tuesday in the
Afternoon.

On Tuesday the 24th day of November the Bill
touching Painter-Stainers and abuses in Painting
was read the second time, and committed unto
Sir RobertWroth, Sir George Moore, MrMaynard,
MrCope, Mr Doctor Parkins and others, who
were appointed to meet this Afternoon in the
Exchequer Chamber at two of the Clock, and
the Bill with the Committees names was delivered to MrPindar one of the same Committees.

The Bill touching the Garbling of Spices was
read the second time, and committed to the last
former Committees for Painters, and the Queens
Learned Councel were added unto them.

The Bill touching the Lordships of Landoflowre
alias Landovorowre was read the second time, and
committed unto the Knights and Burgesses for
Wales, the Burgesses for Hereford, MrOwen, MrPhilipps and others, who were appointed to meet
to Morrow in the Temple-Church at two of the
Clock in the Afternoon, and the Bill was delivered to MrPhilipps.

The Bill for reformation of abuses used in the
Art or Mystery of Imbroidering was read the second time and rejected, as was also the Bill for
Mollineux after it had been read the second time
and put to the question.

Sir Francis Hastings made Report of the meeting of the Committees in the Bill touching Alehouses (who were appointed on Thursday the
5th day of this instant November foregoing) with
some Amendments in the same.

The Amendments in the Bill touching Alehouses were twice read, and the Bill Ordered to
be ingrossed.

Sir Edmund Morgan a Member of this house
being served with a Subpæna to appear in the
Chancery this present day, and also MrPemerton
another Member of this House likewise served
with a Subpæna out of the Chancery at the Suit
of sir Walter Raleigh and Sir Carew Raleigh, prayeth the Priviledge, which by order of this House
was granted.

The Bill against blasphemous Swearing was
read the second time and committed to the former Committees in the Bill touching Swearing
(who were appointed on Tuesday the 10th day of
this instant November foregoing) and to meet in
this House in the Committee Chamber to Morrow Morning.

The Bill against double payment of Debts upon Shop-Books was read the first time.

The Bill for the making of Parks of the Impaled Grounds of Noblemen and Gentlemen was
read the second time, and upon the question
and division of the House dashed, with the Yea
a hundred and eleven, and with the No a hundred fifty one.

Thus far of this dayes Passages out of the
Original Journal-Book of the House of Commons.

Upon some loudConfusion in the Housetouching some private murmur of Monopolies,

Mr Secretary Cecill said, The Duty I owe and
the Zeal to extinguish Monopolies makes me to
speak now, and to satisfy their Opinions that
think there shall be no redress of these Monopolies. Order is attended with these two Handmaids, Gravity and Zeal; but Zeal with Discretion. I have been (though unworthy) a Member of this House in fix or seven Parliaments,
yet never did I fee the House in so great Confusion. I believe there never was in any Parliament a more tender point handled than the Liberty of the Subject, that when any is discussing
this point, he should be cried and cought down.
This is more fit for a Grammar-School than a
Court of Parliament. I have been a Counfellor of State this twelve years, yet did I never
know it subject to construction of levity and
disorder. Much more ought we to be regardful
in so great and grave an Assembly. Why, we
have had Speeches upon Speeches, without either
Order or Discretion. one would have had us
proceed by Bill, and see if the Queen would have
denied it: Another, that the patents should be
brought here before us and cancelled; and this
were bravely done. Others would have us to
proceed by way of Petition, which Course doubtless is best; but for the first, and especially for
the second, it is so ridiculous, that I think we
should have as bad success as the Devil himself
would have wished in so good a Cause. Why, if
idle courses had been followed, we should have
gone forsooth to the Queen with a Petition to
have repealed a Patent of Monopoly of Tobaco
Pipes (which MrWingfields note had) and I
know not how many conceits: but I wish every
man to rest satisfied till the Committees have
brought in their resolutions according to your
Commandments.

On Wednesday the 25th day of November, Three
Bills of no great moment had each of them one
reading; of which the last being the Bill for the
levying of Fines in the County and City of
Chester was read the second time, and committed
unto all the Queens Learned Councel being of
this House, the Knights and Burgesses for the
County and City of Chester, Sir John Egerton
and others, who were appointed to meet upon
Friday next in the Inner-Temple Hall at two of
the Clock in the Afternoon.

Sir Edward Hobbie made Report of the Committees travel in the Bill touching Mr Nevill, and
delivered in the Bill with some Amendments and
a Proviso.

The Amendments and Proviso in the Bill for
Mr. Nevill were twice read, and ordered with
the Bill to be ingrossed, and not to be read the
third time, until her Majesties Pleasure be further
known, to be signified unto this House by Mr.
Sollicitor, Mr. Speaker, or some other thereunto
appointed.

The Amendments in the Bill touching trifling
Suits were twice read, and with the Bill Ordered
to be ingrossed.

The Bill to prevent double payment of Debt
upon Shop-Books was read the second time and
committed unto Sir Walter Raleigh, Mr. Beeston,
Sir Francis Hastings and others; and the Bill
was delivered to Mr. Beeston, who with the rest
was appointed to meet in the Inner-Temple Hall
at two of the Clock in the Afternoon upon Friday next.

The Committees for the Exchequer Bill (who
were appointed on Saturday the 21th day of this
instant November foregoing) brought in the Bill
with some Amendments, and after some Speeches
therein had, upon the question resolved, that it
should be presently recommitted to be considered
of in the Committee Chamber of this House, and
thereunto are appointed Mr. Mountague, Mr.
Winch, Sir Robert Wroth, Mr. Jones, Mr. Martin,
Mr. Tate, Mr. Johnson, &c.

Mr. Henry Mountague brought in the Bill touching Process and pleadings in the Court of Exchequer, with Report of the Amendments.

The Amendments in the Bill for Orders in the
Court of Exchequer were twice read, and with
the Bill Ordered to be ingrossed.

Mr. Speaker (after a silence, and every man
marvelling why the Speaker stood up) spake to
this effect.

It pleased her Majesty to command me to attend upon her Yesterday in the Afternoon, from
whom I am to deliver unto you all, her Majesties
most gracious Message sent by my unworthy Self.
She yields you all hearty thanks for your care
and special regard of those things that concern
her State, Kingdom, and consequently our Selves,
whose good she had always tendred as her own;
for our speedy resolution in making of so hasty
and free a Subsidy, which commonly succeeded
and never went before our Councels; and for
our Loyalty: I do assure you with such and so
great Zeal and Affection the uttered and shewed
the same, that to express it, our tongues are not
able, neither our hearts to conceive it. It pleased her Majesty to say unto me, that if she had
an hundred tongues she could not express our
hearty good Wills. And further she said, that as
she had ever held our good most dear, so the
last day of our (or her) Life should witness it;
And that the least of her subjects was not grieved, and she not touched. She appealed to the
Throne of Almighty God, how careful she hath
been and will be to defend her people from all
Oppressions. She said, that partly by intimation
of her Council, and partly by divers Petitions
that have been delivered unto her both going to
the Chapel and also to walk abroad, she understood that divers Patents, which she had granted, were grievous to her Subjects; and that
the Substitutes of the Patentees had used great
Oppressions. But she said, she never assented to
grant any thing which was Malum in se. And
if in the abuse of her Grant there be any thing
evil (which the took knowledge there was) she
her self would take present Order of reformation. I cannot express unto you the Apparent
Indignation of her Majesty towards these abuses.
She said that her Kingly Prerogative (for so she
termed it) was tender; and therefore desireth
us not to fear or doubt of her careful reformation; for she said, that her Commandment was
given a little before the late troubles (meaning
the Earl of Essex's matters) but had an unfortunate Event: but that in the middest of her most
great and weighty occasions, she thought upon
them. And that this should not suffice, but that
further Order should be taken presently and not
in futuro (for that also was another word which
I take it her Majesty used) and that some should
be presently repealed, some suspended, and none
put in Execution, but such as should first have a
Tryal according to the Law for the good of the
People. Against the abuses her wrath was so incensed, that she said, that she neither could nor
would suffer such to escape with impunity. So
to my unspeakable comfort she hath made me
the Messenger of this her gracious Thankfulness
and Care. Now we see that the Axe of her
Princely Justice is laid to the Root of the Tree;
and so we see her gracious goodness hath prevented our Counsels and Consultations. God
make us thankful, and send her long to Reign
amongst us. If through weakness of memory,
want of utterance or frailty of my Self, I have
omitted any thing of her Majesties Commands,
I do most humbly crave Pardon for the same:
And do beseech the Honourable Persons which
assist this Chair and were present before her Majesty at the delivery hereof, to supply and help
my imperfections; which joined with my fear
have caused me (no doubt) to forget something
which I should have delivered unto you.

After a little pause and silent talking one with
another, Mr Secretary Cecill stood up and said,
There needs no supply of the Memory of the
Speaker: But because it pleased him to desire
some that be about him to aid his delivery, and
because the rest of my Fellows be silent, I will
take upon me to deliver some thing which I both
then heard, and since know. In was present with the
rest of my Fellow Counsellors, and the Message
was the same that hath been told you; and the
cause hath not succeeded from any particular
course thought upon, but from private informations of some particular persons. I have been very
Inquisitive of them and of the cause, why more
importunity was now used than asore, which I
am afraid comes by being acquainted with some
course of proceeding in this House. There are
no Patents now of force, which shall not presently be revoked; for what Patent soever is
granted, there shall be left to the overthrow of
that Patent, a Liberty agreeable to the Law.
There is no Patent if it be Malum in se, but the
Queen was ill apprizws in her Grant. But all to
the generality be unacceptable. I take it, there
is no Patent whereof the Execution hath not
been injurious. Would that they had never been
granted. I hope there shall never be more, (All
the House said Amen.) In particular most of
these Patents have been supported by Letters of
Assistance from her Majesties Privy Council; but
whosoever looks upon them shall find, that they
carry no other stile, than with relation to the
Patent. I dare assure you that from henceforth
there shall be no more granted. They shall all
be revoked. But to whom do they repair with
these Letters? to some out-house, to some desolate Widow, to some simple Cottage, or poor
ignorant People, who rather than they would
be troubled and undo themselves by coming up
hither, will give any thing in reason for these
Caterpillars satisfaction. The notice of this is
now publick, and you will perhaps judge this to
be a Tale to serve the time. But I would have
all men to know thus much, that it is no jesting
with a Court of Parliament, neither dares any
man (for my own part I dare not) so mock and
abuse all the States of this Kingdom in a matter
of this consequence and importance. I say therefore there shall be a Proclamation general throughout the Realm to notify her Majesties resolution
in this behalf. And because you may eat your
meat more favourly than you have done, every
man shall have Salt as good cheap as he can either buy it or make it, freely without danger of
that Patent, which shall be presently revoked.
The same benefit shall they have which have cold
Stomachs, both for Aqnavitæ and Aqua composita
and the like. And they that have weak stomachs,
for their satisfaction, shall have Vinegar and Alegar, and the like set at liberty. Train Oyl shall
go the same way; Oyl of Blubber shall march
in equal rank; Brushes and Bottles endure the
like Judgment. The Patent for Pouldavy, if it
be not called in, it shall be Oade; which as I
take it is not restrained either by Law or Statute,
but only by Proclamation (I mean form the former Sowing) though for the saving thereof it
might receive good disputation. Yet for your satisfaction, the Queens Pleasure is to revoke that
Proclamation; only she prayeth thus much, that
when she cometh on Progress to see you in your
Countries; she be not driven out of your Towns
by suffering it to insect the Air too near them.
Those that desire to go sprucely in their Ruffs
may at less charge than accustomed obtain their
wish; for the patent for Starch, which hath so
much been prosecuted, shall now be repealed;
There are other Patents which be considerable,
as the Patent of New Drapery, which shall be
suspended and left to the Law; Irish Yarn, a
matter that I am sorry there is no cause of Complaint; for the Salvageness of the People and the
War hath frustrated the hope of the Patentee, a
Gentleman of good service and desert, a good
subject to her Majesty, and a good Member of
the Common-Wealth, Mr Carmarthen. Notwithstanding it shall be suspended and left to the
Law. The Patent for Calf-Skins and Fells, which
was made with a relation, shall endure the censure of the Law. But I must tell you, there is
no reason that all should be revoked, for the
Queen means not to be swept out of her Prerogative. I say it shall be suspended, if the Law do
not Warrant it. There is another servant of her
Majesties Mr Onslow, one of her Pensioners, an
honest Gentleman and a faithful Servant, he hath
the Patent for Steel, which one Mr Beale once
had; this too because of complaints shall be suspended. There is another that hath the Patent
for Leather, Sir Edward Dyer, a Gentleman of
good desert, honest, religious and wife; this was
granted unto him thirty years ago. It crept not
in by the new misgovernment of the time: Yet
this shall also be suspended. The Patent for Cards
shall be suspended and tryable by the Common
Law. The Patent for Glaffes, which though I do
least apprehend to be prejudicial to the publick
good, yet it is left to the Law. There is another Patent for Saltpeter, that hath been both
accused and slandered; It digs in every mans
House, it annoys the Inhabitant, and generally
troubleth the Subject: For this I beseech you be
contented. Yet I know I am to blame to desire
it, it being condemned by you in foro Conscientiæ; but I assure you it shall be fully sifted and
tryed in soro judicii. Her Majesty means to take
this Patent unto her self, and advise with her
Council touching the same. For I must tell you
the Kingdom is not so well furnished with Powder now as it should be. But if it be thought
fit upon advice to be cancelled; her Majesty
commanded me to tell you, that though she be
willing to help the grave Gentleman that hath that
Patent, yet out of that abundant desire that she
hath to give you compleat satisfaction, it shall
be repealed. This hath come to the Ear of the
Queen, and I have been most earnest to search
for the Instrument, and as a Counsellor of State,
have done my best endeavour to salve the sore;
But I fear we are not secret within ourselves.
Then must I needs give you this for a future
Caution, That whatsoever is subject to publick
expectation cannot be good, while the Parliament matters are ordinary talk in the Street. I
have heard my self, being in my Coach, these
words spoken aloud, [God prosper those that further the overthrow of these Monopolies, God send
the Prerogative touch not our Liberty.] I will not
wrong any so much as to imagine he was of this
Assembly; Yet let me give you this Note, That
the time was never more apt to disorder and
make ill interpretation of good meaning; I think
those persons would be glad that all Sovereignty
were converted into Popularity; We being here,
are but the popular branch, and our liberty, the
liberty of the Subject: And the World is apt
to slander most especially the Ministers of Government.

Thus much have I spoken to accomplish my
duty unto her Majesty, but not to make any further performance of the well uttered and gravely
and truly delivered Speech of the Speaker. But
I must crave your favours a little longer to make
an Apology for my self. I have held the favour
of this House as dear as my Life, and I have been
told that I deserved to be taxed Yesterday of the
House. I protest my Zeal to have the business go
forward in a right and hopeful course; and my
fear to displease her Majesty by a harsh and rash
proceeding made me so much to lay aside my
discretion, that I said it might rather be termed
a School than a Council, or to that effect. But
by this Speech if any think I called him SchoolBoy, he both wrongs me and mistakes me. Shall
I tell you what Demosthenes said to the Clamours
which the Athenians made, that they were Pueriles & dignos pueris. And yet that was to a popular State. And I wish that whatsoever is here
spoken may be buried within these Walls. Let
us take Example of the Jewish Synagogue, who
would always Sepelire Senatum cum honore, and
not blast their own Follies and Imperfections. If
any man in this House speak wisely, we do him
great wrong to interrupt him; if foolishly, let
us hear him out, we shall have the more cause to
tax him. And I do heartily pray that no Member of this House may plus verbis offendere quàm
consilio juvare.

MrFrancis Moore said, I must confess Mr Speaker, I moved the House both the last Parliament
and this touching this point, but I never meant
(and I hope this House thinketh so) to set limits
and bounds to the Prerogative Royal. But now
seeing it hath pleased her Majesty of her self, out
of the abundance of her Princely goodness, to
set at liberty her subjects from the thraldom of
those Monopolis, from which there was no
Town, City or Country free; I would be bold in
one motion to offer two considerations to this
House; The first, that Mr Speaker might go unto her Majesty to yield her most humble and
hearty thanks and withal to shew the joy of her
Subjects for their delivery, and their thankfulness unto her for the same; The other, that
where divers Speeches have been made extravagantly in this House, which doubtless have been
told her Majesty, and perhaps all ill conceived
of by her, I would therefore that Mr Speaker
not only should satisfy her Majesty by way of
Apology therein, but also humbly crave pardon
for the same.

Mr. Wingfield said, My heart is not able to
conceive the joy which I feel, and I assure you
my Tongue cannot utter the same. If a sentence
of Everlasting happiness had been pronounced
unto me, it could not have made me shew more
outward joy than now I do, which I cannot refrain to express (and here as I think he wept)
There could nothing have been more acceptable
to the Subject than this Message. And I verily
think, if ever any of her Majesties words be
meritorious before God, this is. I do agree withall my heart in the first part of the Gentlemans
motion that last spake; but do utterly mislike
the latter: For it is not be intended, we
should have had go good and gratious a Message,
if the truth of some particular Speeches had been
delivered unto her. And now for us to accuse
our selves by excusing a fault with which we are
not charged, were a thing in my opinion inconvenient, and unfitting the wisdom of this
House.

Mr. George Moore spake to the same effect.

Sir Francis Bacon spake to the same effect also,
and in the end concluded thus, Nescio quid peccati portet hæc purgatio.

So it was put to the question and concluded,
That thanks should be returned by the Speaker,
and some twelve were named to go with him as a
convenient number, and intreaty made to the
Privy Council to obtain liberty to be admitted.

On Thursday the 26th day of November the
Bill for the Amendment of the Highway called
Double sole Green in the County of Middlesex was
read the first time.

Mr. Fretchvill offered to the consideration
of the House a Bill to reform the abuses in weights
and measures, and declared the necessity of reformation therein, and prayeth the reading.

Two Bills of no great moment had each of
them one reading; of which the second being
the Bill touching Feltmakers was read the second
time and committed unto the Knights and Citizens for London, Sir George Moore, the Knights
for Middlesex and Surrey, Mr. Wiseman and others, who were appointed to meet upon Saturday next in the Middle-Temple Hall at two of
the Clock in the Afternoon.

Two Bills had each of them one reading; of
which the second being the Bill for the better
furnishing of her Majesties Navy Royal touching Cordage, was upon the first reading rejected.

Mr. Doctor Parkins made Report of the meeting of the Committees in the Bill for the benefit of Merchants, and advancement of her Majesties Custom; And that the Committees do
think it a Bill in their opinions not to be any
more dealt in by this House for many reasons by
him delivered.

The Bill for the grant of four entire Subsidies
and eight Fifteenths and Tenths granted by the
Temporalty was read the first time. (Vide concerning this Bill on Saturday the 5th day of December next following.)

Mr. Jones one of the Committees in the Bill
for Landoveroure (who were appointed on Tuesday the 24th of this instant November foregoing)
certifieth in the Bill with some Amendments
therein by the Committees.

Mr Secretary Cecill said, If I should tell you otherwise than truth in matter of so great consequence,
I should need no other process than my own
Conscience; That to so gratious a Message there
was never returned more infinite thanks, we all
are assured. From the Queen I have received a
short Answer in these words, [You can give me no
more thanks for that which I have promised, than I
can and will give you thanks for that which you have
already performed] meaning the subsidies and
Fifteenths. So inseparable are the qualities of
the Prince and the Subject: Good for the one
and for the other. If by true interpretation of
the Law, Voluntas reputatur pro facto; you shall
not need, your good will being already known,
use any actual thanks; neither will she receive
any, till by a more affected consummation she
hath compleated that work: at that time she
will be well pleased to receive your thanks and
to return to you her best favours. (Vide concerning this matter on Saturday the 5th day of
December following)

On Friday the 27th day of November four
Bills had each of them one reading; of which
the last being the Bill for the enlarging of the Statute of the first year of her Majesties Reign touching the breed of Fish, was read the first time and
rejected.

Two Bills of like consequence had each of
them one reading; of which the second being
the Bill for the true payment of Tythes within
the Walls of the City of Norwich, was read the
second time and committed unto the Citizens
for Norwich, Sir Francis Hastings, MrFretchvill,
the Knights for Norfolk, MrJohn Hare and others, who were appointed to meet in the Exchequer Chamber at two of the Clock in the
Afternoon.

Sir Francis Hastings offered a new Bill touching resorting to the Church on Sunday, and prayed the acceptance thereof and the reading.

The Bill for the more diligent resorting to the
Church on Sunday had its first reading.

Thus far of the Passages of this day out of
the Original Journal-Book of the House of
Commons, the residue is out of the private
Journal.

The Speaker stood up and with the House to
advise what they would do with the prisoners
that served Sir Edmund Morgan and MrPemerton with Subpæna's, and shewed that they were
ready at the Door to attend.

MrTate said, I will be bold to offer two Precedents to this House touching serving of Subpæna's; yet first let us enter into consideration
of the force of the Priviledges we now have. It
is manifest, and I think no man doubteth, but
that heretofore the Houses of Parliament were
both one without division; and that the United
Body of the Parliament had the same Priviledges
and Jurisdictions which we now have. And though
there be Session or separation of the United Body,
yet the Priviledges do remain still entire. For by
most antient Records of this Realm it may plainly appear, that the same Priviledges serve both
Houses. The first Precedent is in King Edward
the first his dayes, when the Templers had certain Tenants of the Parliament House which were
behind with their Rents, and they made humble
Petition to the King, that they might either distrain their Bodies or Goods for the same. The
King as it appeareth, Answered, Non videtur honestum quòd aliquis de Magno Parliamento nostro
distringatur. So that it seems we are Priviledged
from all kind of distress whatsoever. The second
is one Pogo de Clare, who did presume to serve
a Citation upon Edmond Earl of Cornwall within
Westminster-Hall as he was going to the Parliament House, for which he was sent to the Tower,
and made to submit himself de alto & basso, and
a Fine of twenty thousand Marks imposed upon
him, which he truly paid. Besides, because Westminster-Hall was within the Precinct Liberties of
the Abbot of Westminster he was Fined a thousand pound for that contempt: But by Mediation of the Bishop it was remitted to a hundred
pound, which he also truly paid to the Abbot.
And our use at this day is not warranted by antient course of Precedents; for if a man had been
Arrested upon a Subpæna, upon notice given he
should have had a Writ of Priviledge, which of
course her Majesty must have allowed. Then he
made a long speech upon Trewinnard and Skewish's Cafe 35 Hen. 8. Dyer fol. 55. pl. 8. & 36
H. 8.59. Pl. 17, &c. See the Book at large.

MrBretten shewed, that a Member of this
House (Mr Philips the Lawyer) was served with
a Privy-Seal out of the Court of Wards, by one
Thomas Deane Servant to one MrsChamberlain a
Widow; who when he delivered the Process,
being told it would be taken in evil part by the
House, said, he cared not; and that the House
would punish him for it and bring him on his
Knees, he Answered, his Mistress would bear
him out, and she made no doubt but she should
find as good Friends there as he had. Whereupon
the House willed that she and her Servant should
be sent for by the Serjeant.

MrHolcroft shewed the House that many Complaints were made, but none punished; many
sent for, but none appeared. There was a matter Complained of by one MrMorrice a Gentleman that had his Man Arrested at his Heels by
the Sheriffs of Shrewsbury, and nothing was done
therein.

MrMorrice said, that after the House had given Order to the Serjeant to go, he came (said
he) unto me to certifie him of the Parties and
of the particulars. And what he hath since done
therein I know not.

MrRoger Owen said, May it please you Mr
Speaker, my self being chosen for the Shire, think
it my part to speak something, seeing the Burgesses for the Town neglect their duties in not
speaking. True it is, that such Order was given
from the House, but the Gentleman MrMorrice
and some others being willing to let me have the
Examination of the matter, came before me, and
upon Examination (a wife Examination no doubt,
quoth Mr Secretary) I found that he was no menial Servant, but only a servant that brought him
part of the way, and was to go no further with
him towards the Parliament. Whereupon I
think the Serjeant having so much notice,
stayed.

MrBrowne of Grayes-Inn said, Mr Speaker, it
seemeth this matter is shufled up, I humbly pray
the Serjeant may be heard. And all the House
cryed I, I.

After three Congies made the Serjeant shewed,
that he was with MrMorrice, and that he offered him to send one of his men, but because he
was in doubt of finding them, he desired some
part of his Fees, or money for his charges or
Horses, or else he would find Horses, or get one
of his fellow Serjeants to go, because he could
not well be spared from this Service; if not, he
would for his more Expedition procure a Pursevant to go with a Warrant under Mr Speaker's
hand, and some of the Honourable of the Councel in this House for the more speedy Passage.
All which courses MrMorrice rejected. And I
hope the House meant not I should go or send
on my own Purse, or hazard the charge my
self. And therefore I hope this will be sufficient for my discharge. And all the House cryed
I, I, I.

So no more was said of that matter, for the
Speaker seemed to favour the cause, and therefore he presently stood up and asked if the House
would have the Prisoners in, which served Sir
Edmund Morgan and MrPemerton; and by this
shift the former matter was shufled up.

Christopher Kennell and William Mackerells
were brought to the Bar, the one for serving
Sir Edmund Morgan with a Subpæna, the other
with serving Mr. Pemerton with the like Writ.

Christopher Kennell said, Mr Speaker, and the
rest of this Honourable House, I am (though
poor) a Gentleman born and known to many in
this Assembly; This perhaps may be a cause to
aggravate my offence. I hope there is no man
that doth not know me, and I am sure there is
no man which doth know me, but thinketh, I
would not willfully commit such an offence as
this is. I have been sometimes (though unworthy) a Member of this House, and I have seen
and known the Justice of the House in the like
Cases: But Mr Speaker, if there be either honesty
or Christianity in me, by the same I do protest
that I knew not Sir Edmund Morgan was of this
House of Parliament, which I think he will a
vouch himself. And as soon as I heard it, I went
to Sir Edmund's Chamber, where I found him,
to reconcile my self and make an Atonement
(for that was his word) with him. As I was doing this, Mr Serjeant came into the Chamber and
there Arrested me; whose Arrest I most willingly
obeyed, and do now acknowledge my self to
have offended though not wittingly. May it
please you, I have served her Majesty these
eighteen Years in her Wars, and in all my Life I
was never Trespasser in any offence of this or
the like nature. I do therefore most humbly beseech you in your Wisdoms to have consideration
of the nature and circumstances of mine offence,
and most willingly I do submit my self to your
Censures.

William Mackerells being a poor simple Fellow
could say nothing for himself, but only that he
knew not MrPemerton to be of the House, no
not for his Life, if it, &c.

So the Serjeant was commanded to remove
them forth.

Mr. Johnson said, Some we Pardon out of Discretion, some out of Commiseration, I think set
all Parliaments together, they will not match this
Parliament with numbers of this nature; only
impunity, the cause.

Sir Edmund Morgan said, The Gentleman
(Mr. Speaker) is a Man of good desert, fort and
carriage; and I think if he had known me to
have been of this House, he would not have
served me with the Subpæna. Truly he came to
my Lodging and acknowledged his great fault,
and prayed me to extenuate it. I protest I think
he did not know I was of the House. And therefore I humbly pray that in regard of his person
and good service done to her Majesty, his offence
may be as freely remitted by the House as it is
by me; And that it would please you all to reserve your Justice to matters of greater importance. Which Speech was marvellous well liked
of by the House.

MrPemerton being asked what he could say,
whether William Mackerells knew him; he Answered, I, and that his men had told him. He
said he knew that the said William was a very
Knave, and therefore he would not entreat the
favour of the House, but let him have the Justice of the House. Which Speech was generally
misliked as churlish.

MrFleetwood a Counsellor of Grayes-Inn
shewed unto the House that one Holland a Scrivener by Temple-Bar, and his Man had beaten
his Servant; And he humbly prayed they might
be sent for. And the question grew upon dispute whether this were punishable. And after
upon a Precedent vouched by MrRoger Owen of
8 Hen. 4. touching a Knight of the Parliament
coming towards the Parliament. And so agreed
they should be sent for. See the whole matter
on Saturday next.

MrKennell and MrMackerells were brought
to the Bar, and after their offences laid open by
the Speaker, he said, it pleased the House to
have so favourable consideration of their offences, that they should only have three dayes Imprisonment in the Custody of the Serjeant and
pay him their Fees.

MrDownald moved the House, first, that that
gracious Message which had been sent from her
Majesty might be written in the Books of Records of this House, (being worthy to be written in Gold) as well as it is written and fixed in
the true heart of every good Subject; Secondly,
That the Honourable Assembly of this House
would move her Majesty and be earnest means of
speed, left that which is now meant indeed may
by protraction of time be altered, or perhaps
not so happily effected.

Mr Secretary Cecill said, I promised to be as
silent as I could. Among much Speech of the
wise, there wants not much folly, much more in
me. I do not speak because I do dislike the Motion of the Gentleman that last spake, but to desend the diligence and grace of the Queen. It is
no matter of Toy for a Prince to notifie in publick a matter of this weight. Though the Idol
of a Monopoly be a great Monster, yet after
two or three days I doubt not but you shall see
him dismember'd; And I protest there is not
any Soul that lives deserves thanks in this Cause
but our Sovereign. Yesterday the Queen gave
Order for a Draught of a Proclamation, I had it
in my hand. You all know, I went even now
out of the House ( that was in the middle of MrTate's Speech) then I read it, and sent for him
that should deliver it to her hands. Now what
needs this new Zeal?

MrDavies said, Mr Speaker, I stood up before
to speak, it is not much I had to say, only this,
That which was delivered unto you from her
sacred self, I think to be Gospel, that is, Glad
Tidings: And as the Gospel is registred and
written, so would I have that also; for if ever
glad tidings came to the heart of the subject, they
now come. This is all Sir.

Sir George Moore said, This eating and fretting
Disease of Monopolies I have ever detested with
my heart, and the greater the grievance is, the
more inestimable is the grave wisdom of her Majesty in repealing them. And therefore for us
to think we can sufficiently requite the same, it
were to hold a Candle before the Sun to dim the
Light. And seeing she in her Clemency and Care
to us hath taken the matter in her own hands, I
wish the matter may be no more spoke of much
less proceeded in.

Sir Francis Hastings said, It ought to be written in the Tables of our hearts, &c.

Mr. Lawrence Hide said, I think the Gentleman that set this Motion on foot, spake out of
Joy for her Majesties Grace and Zeal to have
performance of her Promise. In that he wished
it might be recorded in Paper here or Parchment, it is not to be intended, but he meant
also in our hearts, which remain no longer than
we live; But Records remain long, and will
give a lively memory in Ages to come. And
therefore for that part of his Motion I think it
very good, and wish the Clerk may do it accordingly.

Mr. Comptroller said, I think he that first moved this question, exceedingly forgot himself,
and exceedingly detracted from her Majesty, who
I know out of her abundant love and grace to
this House, hath taken such speedy course, as
hath been delivered by my Fellow Counsellor.
With that affection she embraceth this House,
that in more familiar than Princely sort, it hath
pleased her to say, Recommend me to the House
with thanks for their promise and care for their
common good.

Mr. Speaker said, My Heart is not able to conceive, nor my Tongue to utter the Joy I conceived of her Majesties Gracious and especial Care
for our good, &c. Wherefore as God himself said,
Gloriam meam alteri non dabo, so may her Majesty say, in that she her self will be the only
and speedy Agent for performance of our most
humble and most wished desires. Wherefore let
us not doubt but as she hath been, so she still will
be our most Gracious Sovereign and natural
Nursing Mother unto us. Whose days the Almighty God prolong to all our Comforts. All
said Amen

On Saturday the 28th day of November, the
Bill for the maintenance of Shipping and increase
of Mariners was read the first time.

Sir George Moore one of the Committees in
the Bill touching Fines to be levyed in the County
of the City of Chester, brought in the Bill amended by the Committees.

The Amendments in the Bill touching Fines to
be levyed in the County of the City of Chester
were twice read, and the Bill was Ordered to be
ingrossed.

The Bill touching draining of Grounds in the
Isle of Ely and the Counties of Cambridge, Huntington, &c. was read the second time and committed unto the Queens Learned Councel being
of this House, the Knights and Burgesses for the
Shires named in the Bill, my Lord Clinton and
others, who were appointed to meet upon Tuesday next in the Court of Wards at two of the
Clock in the Afternoon.

Mr. Mountague made Report of the meeting of
the Committees in the Bill touching the Jointure
of the Countess of Bedford and Proviso thereunto, which he brought in with some Amendments.

The Amendments in the Bill for the Jointure
of the Countess of Bedford and the Proviso thereunto annext, were twice read, and with the Bill
Ordered to be ingrossed.

Sir William Wray shewed the meeting of the
Committees in the Bill touching Drunkenness
with some Amendments.

The Amendments in the Bill touching Drunkenness were twice read, and with the Bill Ordered to be ingrossed.

Two Bills also had each of them one reading;
of which the second being the Bill touching
Lands given to Charitable uses, &c. was read
the second time, and committeed to the Committees for repeal of Statutes (whose names see
on Thursday the 5th day of November foregoing)
and there were added unto them the Queens
Learned Councel being Members of this House,
the Masters of Requests, Sir Edward Stafford, Sir
Edward Hobbie and divers others, and appointed
to meet in the Exchequer Chamber upon Tuesday
next at two of the Clock in the Afternoon. And
the Committees to have Authority as well to put
into the Bill of Repeal or in the Bill of continuance of Statutes the former Act made in the last
Parliament touching Lands given to charitable
uses, as to deal in this present Bill, if it shall so
seem good unto them.

Mr Secretary declared, that according to the
direction of this House, her Majesty hath been
informed of the exceeding and inestimable joy
and comfort which this House hath received by
a Message lately published sent from her Highness by Mr Speaker; And hath been likewise
moved to signify her Highnesses pleasure touching
the determination of this House, in appointing
Mr. Speaker with some selected Company of the
same to render the most humble and dutiful
thanks of this whole House, for the said most gracious, most princely and comfortable Message: And
her gracious Answer was, That her Majesty being
acquainted with the said desires of this House,
did vouchsase that Mr. Speaker with forty, fifty
or a hundred of this House, such as should thereunto be appointed, should have access unto her
Majesty for the same purpose upon Monday next
in the Afternoon at the Court, and should be
all welcome.

Robert Holland Scrivener and Lawrence Brook
his Servant were brought to the Bar, and being
charged by Mr. Speaker with their offence against
this House in offering an abuse unto a Member
of the same in striking and ill intreating of Mr.
Fleetwood and his servant attending upon him
in his presence; it was upon the hearing and debating of the matter Ordered upon the question, that the said Robert Holland and Lawrence
Brook his servant should be committed Prisoners
to the Serjeant of this House for the space of
five days, and then to be discharged paying the
Fees of the Serjeant and the Clerk.

The Bill that the Lord Marquess of Winchester
may dispose of his Lands whereof he is Tenant
in Tayle, as other Tenants in Tayle by the Laws
and Statutes of the Realm may do, &c. was
read the second time and committed unto all the
Privy Council being Members of this House, all
the Queen's Learned Councel likewise; Sir
Robert Wroth, Sir Edward Moore, Sir Francis
Hastings, Sir Walter Raleigh and others; and the
Bill and Committees names were delivered to
Sir Edward Moore, who with the rest was appointed to meet upon Wednesday next at two of
the Clock in the Afternoon in the Exchequer
Chamber.

Christopher Hillyard Esquire returned into this
present Parliament a Burgess for the Borough of
Heydon in the County of York, for that he is
visited with sickness and thereby unable to give
his Attendance, is licensed by Mr Speaker to depart home.

Henry Hastings Esquire one of the Knights for
the County of Leicester is licensed by Mr. Speaker
for his necessary affairs to depart into his Countrey, after having left with the Serjeant ten
shillings for the Poor.

On Monday the 30. day of November, Two Bills
had each of them one reading; of which the second being the Bill for repairing and amending
of Bridges near the City of Carlisle in the County of Cumberland was read the first time.

Mr DrCæsar brought in the Bill touching the
making of a Haven or Pier on the North part
of Severn, &c. with some Amendments.

Two Bills also of no great moment had each of
them one reading; of which the first being the
Bill touching the Poulterers of London, was read
the first time and rejected.

MrDale, one of the Committees in the Bill
touching Feltmakers (who were appointed on
Thursday the 26th day of this instant November
foregoing) shewed the meeting of the Committees, and brought in the Bill with a Proviso annext and some Amendments.

Thus far of the passages of this day out of
the Original Journal-Book of the House of Commons: Now followeth a certain Message by Sir
William Knolls her Majesties Comptroller, which
he delivered in her Highnesles name unto the
House, out of the private Journal.

Mr. Comptroller said, I am to certify you of
her Highness's gladness and willingness to hear
the acceptable News that was delivered unto
her from this House, of our humble and earnest
desire all to see her Majesty, and shew our thankfulness. She commanded me to tell you, That
the reason of her limitation of having a convenient number was, that the place whereunto we
should come was not big enough to receive us
all; but she saith that she is glad that there is
such a Sympathy betwixt her and us; And she
is well pleased that this Afternoon at three of the
Clock we should attend her, and without restraint or limit we may all come and shall be
very welcom.

Mr. Barrington made Report of the Travel of
the Committees in the Bill against Blasphemous
Swearing (who were appointed on Tuesday the
10th day of this instant November foregoing)
and brought in the Bill with some Amendments.

The Bill for the grant of four entire Subsidies
and eight Fifteenths and Tenths granted by the
Temporalty was read the second time and Ordered to be ingrossed. Vide concerning this Bill on
Saturday the 5th day of December next following.

The Bill to avoid trifling and frivolous Suits
in Law was read the third time and passed upon
the question.

The Bill touching Edward Nevill of Birling in
the County of Kent, and Sir Henry Nevill Knight
his Son and Heir, was read the third time and
passed upon the question.

The Proviso added to Edward Nevill his Bill
was thrice read, and likewise passed upon the
question.

Francis Fortescue Esquire, returned one of the
Knights for the County of Buckingham, is for
his necessary affairs licensed by Mr. Speaker to
depart into his own Country.

The greatest part of this Forenoons Passage
being thus transcribed out of the Original Book
of the House of Commons; now follows a question only moved by the Speaker upon the rising
of this House, as also his access unto her Majesty
in the Afternoon with divers of the said House
at Whitehall, touching Monopolies or Patents of
Priviledge, out of the said private Journal.

The Speaker asked the House, What it was
their pleasures he should deliver unto her Majesty? and Sir Edward Hobbie stood up and said,
it was best he should devise that himself, the whole
House would refer it to him, and all said I, I, I.

In the Afternoon about three of the Clock,
some sevenscore of the House met at the great
Chamber before the Council Chamber in Whitehall.

At length the Queen came into the Council
Chamber where sitting under the Cloth of State
at the upper end, the Speaker with all the Company came in, and after three low reverences
made he spake to this effect.

Most Sacred and most gracious Sovereign
We your Faithful, Loyal and obedient
Subjects and Commons here present, vouchsafed of
your especial goodness (to our unspeakable comfort) access to your sacred presence, do in all duty and humbleness come to present that which
no words can express, most humble and thankful acknowledgement of your most gracious Message, and most bounden and humble thanks for
your Majesties most abundant goodness extended
and performed to us. We cannot say, Most Gracious Soveraign, We have called and been heard,
we have complained and have been helped;
though in all duty and thankfulness we acknowledge, your Sacred Ears are ever open, and ever
bowed down to hear us, and your blessed Hands
ever stretched out to relieve us; We acknowledge, (Sacred Sovereign) in all duty and thankfulness we acknowledge, that before we call,
your preventing Grace and All-deserving Goodness doth watch over us for our good, more ready to give than we can desire, much less deserve. That Attribute which is most proper unto
God, to perform all he promiseth, appertaineth
also unto you our Most Gracious Soveraign Queen,
of all Truth, of all Constancy, of all Goodness,
never wearied in doing good unto us (the Deeds
themselves do speak) most careful to provide all
good things for us, most gracious, most tender to
remove all grievances from us, which all your
Princely Actions have ever shewed, and even
now your most gracious published Proclamation
of your own only meer Motion and special
Grace for the good of all your People doth witness to us. We come not, Sacred Sovereign, one
of ten to render thanks, and the rest to go away
unthankful; but all of us, in all duty and thankfulness do throw down our selves at the Feet of
your Majesty, do praise God and bless your Majesty. Neither do we present our thanks in words
or any outward thing which can be no sufficient
retribution for so great goodness; but in all duty
and thankfulness, prostrate at your Feet, we present our most loyal and thankful hearts, even the
last drop of Blood in our Hearts, and the last
spirit of breath in our Nostrills to be poured out,
to be breathed up for your safety.

And after three low Reverences made he with
the rest kneeled down, and her Majesty began
thus to answer her self, viz.

Mr Speaker, we have heard your Declaration and perceive your care of our
State, by falling into the consideration of a grateful acknowledgment of such benefits as you have
received; And that your coming is to present
thanks unto us, which I accept with no less Joy
than your Loves can have desire to offer such a
Present. I do assure you, that there is no Prince
that loveth his Subjects better, or whose Love
can countervail our Love; There is no Jewel,
be it of never so rich a prize, which I prefer before this Jewel, I mean your Love; for I do more
esteem it than any Treasure or Riches: for that
we know how to prize, but Love and Thanks I
count inestimable. And though God hath raised
me High, yet this I count the Glory of my
Crown, that I have Reigned with your Loves.
This makes me that I do not so much rejoice
that God hath made me to be a Queen, as to be
a Queen over so thankful a People. Therefore
I have cause to wish nothing more than to content the Subject, and that is a duty which I owe.
Neither do I desire to live longer dayes, than
that I may see your Prosperity, and that's my
only desire. And as I am that Person that still,
yet under God, hath delivered you, so I trust,
by the Almighty Power of God, that I still shall
be his Instrument to preserve you from Envy,
Peril, Dishonour, Shame, Tyranny and Oppression, partly by means of your intended helps,
which we take very acceptably, because it manifesteth the largeness of your Loves, and Loyalties unto your Sovereign. Of my self I must say
this, I never was any greedy, scraping Grasper,
nor a strait fast-holding Prince, nor yet a Waster;
My heart was never set on Worldly Goods, but
only for my Subjects good. What you do bestow on me, I will not hoard it up, but receive
it to bestow on you again. Yea mine own properties I count yours to be expended for your
good. Therefore render unto them from me I
beseech you, Mr Speaker, such thanks as you imagine my Heart yieldeth, but my Tongue cannot
express.

Note that all this while they kneeled. Whereupon her Majesty said, Mr Speaker, I would wish
you and the rest to stand up, for I shall yet trouble you with longer Speech, so they all stood up
and she went on in her Speech, saying.

Mr. Speaker, you give me thanks, but I doubt
me, I have more cause to thank you all than
you me; And I charge you to thank them of
the House of Commons from me: for had I not
received a knowledge from you, I might have
fallen into the Lap of an Error, only for lack of
true Information. Since I was Queen, yet did I
never put my Pen to any Grant, but that upon
pretext and semblance made unto me, that it
was both good and beneficial to the Subjects in
general, though a private profit to some of my
antient Servants who had deserved well: But
the contrary being found by Experience, I am
exceeding beholding to such Subjects as would
move the same at first. And I am not so simple to
suppose, but that there be some of the Lower
House whom these grievances never touched;
And for them I think they speak out of Zeal to
their Countries, and not out of Spleen or malevolent Affection, as being Parties grieved; and
I take it exceeding grateful from them, because
it gives us to know that no respects or interesses
had moved them, other than the minds they
bear to suffer no diminution of our Honour, and
our Subjects Love unto us. The Zeal of which Afsection tending to ease my People and knit their
Hearts unto me, I embrace with a Princely Care;
far above all Earthly Treasure I esteem my Peoples Love, more than which I desire not to merit. That my Grants should be grievous to my
People, and Oppressions to be Priviledged under
colour of our Patents, our Kingly Dignity shall
not suffer it; Yea, when I heard it I could
give no rest to my thoughts until I had reformed
it. Shall they think to escape unpunished, that
have thus oppressed you, and have been respectless of their duty, and regardless of our Honour?
No. Mr Speaker, I assure you, were it not more
for Conscience sake, than for any glory or encrease of Love, that I desire these Errors, Troubles, Vexations and Oppressions done by these
Varlets and lewd Persons, not worthy the name
of Subjects, should not escape without condign
punishment. But I perceive they dealt with me
like Physicians, who ministring a Drug make it
more acceptable by giving it a good Aromatical
Savour, or when they give Pills do gild them all
over. I have ever used to set the last Judgment
day before mine Eyes, and so to Rule as I shall
be judged to answer before a higher Judge. To
whose Judgment Seat I do Appeal, that never
thought was cherished in my Heart that tended
not to my Peoples good. And now if my Kingly
Bounty have been abused, and my Grants turned
to the hurt of my People, contrary to my will
and meaning; or if any in Authority under me,
have neglected or perverted what I have committed to them, I hope God will not lay their
Culps and offences to my Charge; and though
there were danger in repealing our Grants, yet
what danger would not I rather incur for your
good, than I would suffer them still to continue? I know the Title of a King is a Glorious
Title; but assure your self, that the shining glory
of Princely Authority hath not so dazled the
Eyes of our understanding, but that we will
know and remember, that we also are to yield
an Account of our Actions before the great
Judge. To be a King and wear a Crown is more
glorious to them that see it, than it is pleasure to
them that bear it. For my Self, I was never so
much enticed with the glorious name of a King,
or Royal Authority of a Queen, as delighted
that God hath made me this Instrument to maintain his Truth and Glory, and to desend this
Kingdom (as I said) from Peril, Dishonor, Tyranny and Oppression. There will never Queen
sit in my Seat with more Zeal to my Country,
Care to my Subjects, and that will sooner with
willingness yield and venture her Life for your
Good and Safety than my Self. And though you
have had and may have many Princes more
mighty and wise sitting in this Seat, yet you
never had or shall have any that will be more
Careful and Loving. Should I ascribe any thing
to my Self and my Sexly Weakness, I were not
worthy to live then, and of all most unworthy
of the mercies I have had from God, who hath
ever yet given me a Heart which never yet feared
Foreign or home Enemies. I speak it to give
God the praise as a Testimony before you, and
not to attribute any thing unto my self; For I,
O Lord, what am I, whom practices and perils
past should not fear! O what can I do (these
she spake with a great Emphasis) that I should
speak for any Glory! God forbid. This Mr
Speaker I pray you deliver unto the House, to
whom heartily recommend me. And so I commit you all to your best Fortunes, and further
Councels. And I pray you Mr. Comptroller,
Mr. Secretary, and you of my Council, that before these Gentlemen depart into their Countries,
you bring them all to kiss my Hand.

Thus far out of the aforesaid Journal; Now
follows part of the next dayes Passages out of
the Original Journal-Book of the House of Commons.